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(9th U.S. Circuit ) Court Rules on Immigrant Bail
AP ^ | January 9, 2002, 9:13 PM EST | DAVID KRAVETS

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.


TOPICS: Breaking News; News/Current Events
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1 posted on 01/09/2002 5:47:26 PM PST by Jean S
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To: JeanS
New law needed, immigrate to the US and commit a crime, serve your sentence and then recieve automatic deportation
2 posted on 01/09/2002 5:49:58 PM PST by veryconernedamerican
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To: JeanS
The only suprise here is that the 9th Circuit didn't hold that these people have a right to Cable TV as well.

L

3 posted on 01/09/2002 5:53:28 PM PST by Lurker
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To: veryconernedamerican
Am I missing something. If the person is going to be deported, why would you allow them to be out on bail? I would consider everyone being deported to be a flight risk. Wish this 9th U.S. Circuit would just go away!
4 posted on 01/09/2002 5:53:52 PM PST by PhiKapMom
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To: JeanS
Looks like some things have to be streamlined, they should pick them up and have them on a plane out of country within 48 hours, no appeals, no court appearences, just bye bye.
5 posted on 01/09/2002 6:00:12 PM PST by MissAmericanPie
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To: veryconernedamerican
New court needed. Elimination of the 9th circuit would put an end to 75% of the "rule by judicial decree" that has plagued this country since the late 50s.
6 posted on 01/09/2002 6:02:51 PM PST by Amerigomag
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To: JeanS
And again for, the 4th thousand time, I am reminded that liberalism and common sense our mutually exclusive.
7 posted on 01/09/2002 6:06:03 PM PST by lizma
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To: Lurker; classygreeneyedblonde
What effect will this ruling have on these people?
6,000 Middle East Men to Be Arrested
8 posted on 01/09/2002 6:09:45 PM PST by Jean S
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To: JeanS
The Ninth Circuit is rapidly becoming the most overruled circuit in the Nation.

For good reason apparently.

L

9 posted on 01/09/2002 6:33:35 PM PST by Lurker
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To: Lurker
True. But they still manage to do a lot of harm.
10 posted on 01/09/2002 6:35:15 PM PST by Jean S
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To: JeanS
Not enough other pressing and or important issues to rule on? This is another pathetic ruling from the 9th.

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.

11 posted on 01/09/2002 7:10:39 PM PST by JSteff
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To: PhiKapMom
would consider everyone being deported to be a flight risk

Alas that needs to be decided on a case by case basis. Messy isn't it? The Court was right on this one.

12 posted on 01/09/2002 7:13:23 PM PST by Torie
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To: PhiKapMom
re:
"....Am I missing something. If the person is going to be deported,
why would you allow them to be out on bail? I would consider
everyone being deported to be a flight risk. Wish this 9th U.S.
Circuit would just go away!
....."

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.

13 posted on 01/09/2002 7:48:00 PM PST by Deep_6
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To: Deep_6
you denounce it's very foundation.

Huh? Where did you get that?

14 posted on 01/09/2002 8:06:37 PM PST by Balding_Eagle
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To: Deep_6
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.

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.

15 posted on 01/09/2002 8:19:17 PM PST by RippleFire
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To: Deep_6
Sorry, but the fact that they were convicted of a crime is enough, by it self to require deportation. The three years is a delay tactic so that others think that they should not have to suffer that much more, cause they already paid their price for the crime. No, that is not how immigration law is written, a legal alien that commits a crime, or an illegal alien that commits a crime is subject to deportation, before or after criminal trials and sentences have been carried out.
16 posted on 01/09/2002 8:24:09 PM PST by mjaneangels@aolcom
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To: JeanS
It should have no impact on the 6.000 Arab Americans who are now being sought. All of these people already have deportation orders issued. They have simply disappeared into the population rather than show up in court. They ARE subject to immediate deportation when they are found.

Congressman Billybob

17 posted on 01/09/2002 8:28:57 PM PST by Congressman Billybob
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To: JeanS
It should have no impact on the 6.000 Arab Americans who are now being sought. All of these people already have deportation orders issued. They have simply disappeared into the population rather than show up in court. They ARE subject to immediate deportation when they are found.

Congressman Billybob

18 posted on 01/09/2002 8:29:21 PM PST by Congressman Billybob
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To: Balding_Eagle
The right to due process can be considered the foundation;
without that, there is no recourse.

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?

 

19 posted on 01/09/2002 8:30:21 PM PST by Deep_6
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To: mjaneangels@aolcom
better brush up, sweetie.
20 posted on 01/09/2002 8:31:54 PM PST by Deep_6
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