Tag: habeas corpus
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Wrongfully deported man to be returned to U.S., Colorado federal judge orders
Colorado’s chief federal judge took the extraordinary step of directing the government on Tuesday to do everything it can to return a man it deported in violation of his order. At the same time, Colorado’s chief magistrate judge has set a hearing for next month to explore multiple instances in which the U.S. Department of…
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Colorado judge explores sanctions against DOJ, ICE for rearresting man 4 days after release on bond
A federal judge in Colorado is considering sanctions against the government after immigration agents rearrested a man four days after an immigration judge found him suitable for release on bond. On July 28, U.S. Magistrate Judge N. Reid Neureiter ordered the release of Feliciano Paulino Soares after U.S. Immigration and Customs Enforcement arrested him in…
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Federal judges find Colorado immigration judge violated several orders
Multiple federal judges in Colorado have freed people from immigration custody after determining that one immigration judge violated their directives for properly conducting bond hearings. For nearly a year, Colorado’s U.S. District Court has faced a flood of habeas corpus petitions from those in immigration detention. The most common allegation is that the government is improperly…
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Trump’s 10th Circuit nominee recuses from cases against federal government without explanation
President Donald Trump’s nominee to fill a vacancy on the Denver-based federal appeals court recused himself without a clear explanation from nine cases against the executive branch while he was undergoing vetting by the White House this spring. U.S. District Court Chief Judge Daniel D. Domenico disclosed the recusals in his responses to the U.S.…
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10th Circuit dismisses Tina Peters’ challenge to confinement as moot
The Denver-based federal appeals court granted the state’s unopposed request on Wednesday to dismiss former Mesa County clerk Tina Peters’ challenge to her confinement as moot. Although Peters received a commutation of her prison sentence last month from Gov. Jared Polis and has since left prison, her federal proceedings addressed whether Peters could be freed…
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EDITORIAL: Upholding the rule of law against illegal immigration
We’ll say it again: Colorado U.S. District Court Judge Dan Domenico gets it. He isn’t about to be snookered or cowed by the nationwide lawfare campaign to spring illegal immigrants from federal detention. And he deserves a round of applause. Unlike all too many of his peers on the federal bench, Domenico isn’t bowing before…
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Federal judge releases man after 2 immigration judges disobey order
A federal judge released a man from immigration detention on Thursday after two different immigration judges disobeyed his order in the same case. “At this point, the Court has granted Respondents two bites at the apple to prove detention of Petitioner was warranted,” wrote U.S. District Court Judge Gordon P. Gallagher. “It will not allow…
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Federal judge warns of increasingly inadequate immigration bond hearings
A federal judge ordered the immediate release of a man in immigration custody last week and, seemingly for the first time in Colorado, warned that the government is increasingly conducting inadequate bond hearings for detainees. Colorado’s federal trial court is facing a flood of “habeas corpus” petitions from those in immigration detention. The most common allegation…
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Appeals court decides free speech cases, error-prone judge reversed again | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state’s Court of Appeals decided multiple cases implicating free speech rights, plus Colorado’s most error-prone judge was reversed on appeal yet again. Heard on appeal • The Colorado Supreme Court agreed a defendant couldn’t be faulted for failing to cooperate…
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10th Circuit judge creates vacancy, district court gets new chief judge | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A longtime member of the Denver-based federal appeals court will give the president a vacancy to fill, plus Colorado’s federal trial court will see a change in its leadership this week. Colorado Supreme Court update • At some point today, the…