Posted on 01/09/2002 5:47:25 PM PST by Jean S
SAN FRANCISCO -- A federal appeals court Wednesday declared unconstitutional a law that denies bail hearings to incarcerated immigrants fighting deportation.
The ruling, binding on the nine western states under the supervision of the 9th U.S. Circuit Court of Appeals, does not address immigrants detained following the Sept. 11 attacks. The case addresses immigrants who were convicted of a crime, served their sentence and are detained while the government tries to deport them -- a process that can last as long as three years.
The circuit covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington
Last month, the Philadelphia-based 3rd U.S. Circuit Court of Appeals issued a similar ruling. In 1999, the Chicago-based 7th U.S. Circuit Court of Appeals ruled otherwise. The U.S. Supreme Court is likely to review the issue when there is a split among circuits.
The San Francisco-based 9th Circuit said thousands of immigrants fighting their deportation under these circumstances are entitled to a bail hearing. The court, however, stopped short of saying the immigrants are entitled to bail.
"We hold only that such an alien has a right to an individualized determination of a right to bail, tailored to his or her particular circumstances," the court wrote.
Generally, bail is denied when a defendant is considered a flight risk or a danger to society.
The case decided Wednesday was brought by Hyung Joon Kim, a U.S. resident and a citizen of Korea. When his three-year term for a California petty theft conviction expired, the government detained him while starting deportation proceedings. Kim sued, arguing the 1998 federal law denying bail hearings was unconstitutional.
L
For good reason apparently.
L
I wish someone would just bring something up about he western states have a right to secede or that they are entitled to all the money paid in taxes from the other states yearly. They would rule in the affirmative and that would be enough proof of judicial misconduct that we could just finally be rid of them all. Socialists commies.
They constantly prove that the Judicial system at that level believes they have the right to rule against the will of the people as legislated by the congress. they continually right their own laws through their improper rulings and actions.
Alas that needs to be decided on a case by case basis. Messy isn't it? The Court was right on this one.
Here's what you and others missed:
The ruling, binding on the nine western states under the supervision
of the 9th U.S. Circuit Court of Appeals, does not address immigrants
detained following the Sept. 11 attacks. The case addresses immigrants
who were convicted of a crime, served their sentence and are detained
while the government tries to deport them -- a process that can last
as long as three years.
The government is attempting to find reason to deport them; there
is no reason to deport them unless a reason is found to deport them.
Instead of being thankful for the freedom and liberty that's made
this Nation as great as it is, you denounce it's very foundation.
Sad commentary.
Huh? Where did you get that?
You got it wrong pal. Commission of the crime is the reason in law for deportation. The 3 years is what it takes to carry out the law under the current immigration judicial process. There is a reason there are lawyers that specialize in immigration law - fees.
Congressman Billybob
Congressman Billybob
There is no "reason" to instantly deport those that have
served their sentence. Some crimes committed are not
those of "moral turpitude" and do not make deportation
mandatory. Therefore, the government agency must be
compelled to follow it's own rules of law. The ninth
circuit is guaranteeing that.
What's the problem?
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