Posted on 03/19/2019 10:31:35 AM PDT by Jim Robinson
Illegal immigrants with serious criminal records can be held without bail while awaiting deportation even if ICE didn’t immediately pick them up when they were released from prison or jail, the Supreme Court ruled Tuesday.
The 5-4 decision marked another rejection for the 9th U.S. Circuit Court of Appeals, the liberal panel that covers the country’s West Coast, and that has tested a number of legal theories on immigration law.
In this case, the 9th Circuit had ruled that under the law, if U.S. Immigration and Customs Enforcement immediately arrested someone released from a federal, state or local prison, they could be held without bond in the immigration detention system. But if ICE didn’t immediately arrest them, the migrants must be given a chance to make bond.
The case turned on a phrase in the law that says the no-bail determination applies to someone picked up by ICE “when the alien is released” from prison or jail.
The lower court ruled “when” must mean the day of release.
But Justice Samuel A. Alito Jr., writing the majority opinion, said that could create a new loophole for sanctuary cities, which often refuse to alert ICE officers when releasing people from their local prisons and jails.
(Excerpt) Read more at washingtontimes.com ...
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Why should ANY FOREIGNER be allowed bail?..................
> The 5-4 decision... <
A one-vote swing would have changed everything. More evidence that our Republic is hanging by a thread.
The 9th circuit gets overturned far more than other lower courts, from what I have heard.
Isn’t it clear, if certain judges get overturned so often, that they are clearly misapplying the law, misjudging the law and its application, in their judgements? Isn’t it clear that they just aren’t good judges???
Uh, can I be the decider on who is and who ain’t “serious crimnials”? Please.
Since the site has pop ups and I cant read it, how did Roberts rule?
What qualifies as “serious”? I hope it is any crime, any felony at least. Should be find for even a parking ticket as far as care. Arrest and deport any and all illegal and, here, legal, immigrants that does or has come in contact with law enforcement, courts, and jail.
the fact that we even require SCOTUS to hammer home the message that these clowns should NOT be here is frustrating..
never mind detention..how about kicking them out permanently??
If Congress intended for the statute to mean within the day they were released, they would have said that. The word “when” means “ at anytime after their release from prison or jail.”
For those of us who want to read the full decision, here’s link:
https://casetext.com/case/nielsen-v-preap-2
“The 9th circuit gets overturned far more than other lower courts, from what I have heard.”
Help is on the way. There are 29 seats on the 9th Circuit.
Currently there are 16 RATs, 8 Repubs, and 5 vacancies.
Trump has already replaced 3 (2 Repubs, 2 RATs) which are part of the above totals
Trump has put forward 4 nominees:
Daniel P. Collins 2/6/19 (who will replace Harry Pregerson a Carter Appointee)
Kenneth Kiyul Lee 2/6/19 (who will replace Stephen Reinhardt a Carter Appointee)
Bridget S. Bade 1/23/19 (who will replace Barry G. Silverman a Clinton Appointee)
Daniel Aaron Bress 2/6/19 (who will replace Alex Kosinski a Reagan Appointee)
So you see he is really changing the composition of the 9th Circuit.
“Trump has already replaced 3 (2 Repubs, 2 RATs) which are part of the above totals”
S/B 1 RAT not 2
And FYI Clinton appointed 14 to the 9th Circuit, 9 of whom are still active. So you see Slick Willie had a huge impact here ( as well as all the rest of the Judiciary) having two terms as President. Contrast that with W Boosh who had only seven total appointments and has already had two take senior status (both replaced by Trump nominees). The ages of the remaining Clinton trash range from 73 down to 64. Obola made 7 appointments.
Love it! Isn’t it wonderful that we have Trump!
This is a no brainer. In fact; Ice should be able to pick them up even if they did not commit a crime.
They did commit a crime they entered the US illegally and have stayed in the country illegally.
Won’t matter if sanctuary cities ignore the law as they always do.
FWIW, add Ad Block Plus to your browser and kiss pop ups goodbye forever.
Roberts isn't mentioned in the article but based on this:
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