Tag: judge gordon gallagher
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Federal judge rules that request for bond hearing not necessary to challenge immigration detention
A federal judge in Colorado ruled last week that it is not mandatory for a person to seek a bond hearing with an immigration judge before they challenge the lawfulness of their detention in federal court. For the past year, Colorado’s U.S. District Court has faced a flood of “habeas corpus” petitions from those in immigration detention.…
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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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10th Circuit concludes Army was justified in initially withholding Purple Heart to soldier
The Denver-based federal appeals court agreed last week that the U.S. Army was “substantially justified” in its initial decision to withhold the Purple Heart from an injured soldier, then reverse itself when new evidence surfaced during litigation. Joshua Savelkoul ultimately received the award nearly two decades after a sniper shot him in Iraq. But the…
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Judge approves injunction for Colorado Springs counselor after SCOTUS rules in conversion therapy case
A federal judge last week blocked Colorado from enforcing its restriction on conversion therapy for LGBTQ children against a Colorado Springs counselor, after both sides agreed that the state will not pursue professional disciplinary action while the case proceeds. The formalization of a preliminary injunction came days after one appellate judge argued that the Denver-based…
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10th Circuit orders second look at challenge to Colorado ‘ghost gun’ law
The Denver-based federal appeals court issued a mixed decision on Thursday, finding that a group of plaintiffs could not challenge certain aspects of Colorado’s “ghost gun” prohibition, could challenge others, and ordered further analysis of the law’s constitutionality. To address the proliferation of guns privately assembled from kits or 3-D printers, the General Assembly enacted Senate Bill 279 three…
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Divided 10th Circuit takes no issue with surprise police encounter with suspect
Police officers who unexpectedly encountered a Durango-area man while they were preparing to search his nearby home did not commit a constitutional violation by seizing his phone during the ensuing traffic stop, the Denver-based federal appeals court ruled last week. Kalub Sean Jackson pleaded guilty to one count of possessing child pornography and received a…
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State Supreme Court to hold oral arguments, federal judges find fault with bond hearings | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state Supreme Court will resume hearing oral arguments tomorrow, plus some federal judges are raising the alarm about immigration judges’ handling of bond hearings. Oral argument calendar • The Colorado Supreme Court will hold oral arguments in six cases this…
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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 dismisses U.S. government lawsuit against Colorado, Denver’s ‘sanctuary’ laws
A federal judge dismissed the U.S. government’s lawsuit against Colorado and Denver on Tuesday, which alleged that various local policies impermissibly infringed on federal immigration enforcement. U.S. District Court Judge Gordon P. Gallagher followed the lead of judges in Illinois and New York, who recently rejected similar claims by the federal government. Although the Colorado…
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Federal judge to consider sanctioning ex-Colorado judicial discipline director
A federal judge ordered Colorado’s former head of judicial discipline on Wednesday to explain why she should not sanction him for making inaccurate statements about the defendants in his lawsuit against the Colorado Supreme Court and related entities. U.S. District Court Senior Judge Kathryn H. Vratil indicated she will hear arguments and evidence next Thursday…