Tag: Habeas Corpus
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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 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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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…
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Federal judge rejects Tina Peters’ request for release pending appeal
A federal judge rejected the petition of former Mesa County clerk Tina Peters on Monday to be released from incarceration pending the resolution of her criminal appeal. Chief U.S. Magistrate Judge Scott T. Varholak wrote in a Dec. 8 order that Peters satisfied none of the criteria that permit federal courts to intervene in ongoing…
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10th Circuit upholds financial incentive for lawyers to take on challenges to immigration detention
The Denver-based federal appeals court ruled on Monday that the law allowing attorneys to recover their costs for prevailing against the government does apply to successful legal challenges to immigration detention. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit acknowledged a decision to the contrary would deter legal representation for…
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Federal judge to government: Shutdown not an excuse for delaying noncitizen’s challenge to detention
A federal judge rejected the government’s request last week to extend the deadlines in an immigration-related case due to the lapse in congressional funding, reminding the U.S. Department of Justice that constitutional rights are at stake. “The Government is constitutionally obligated to provide due process to Petitioner,” wrote U.S. District Court Judge Gordon P. Gallagher…
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Federal judge IDs flaw with Tina Peters’ request for release
A federal judge on Monday warned former Mesa County clerk Tina Peters that her request to be released while she appeals her 2024 criminal convictions appears to be brought improperly and may be subject to dismissal. Jurors convicted Peters for her role in a security breach of her office’s voting equipment. She is currently serving a…
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Federal judge temporarily prohibits removal of ‘alien enemies’ as detainees challenge Trump proclamation
Judge Charlotte Sweeney will consider longer-term relief for a proposed class of people subject to being removed under a presidential proclamation
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Jeanette Vizguerra case on pause while federal judge awaits new First Amendment claim
Vizguerra is currently alleging her detention amounts to a due process violation, and will be adding another constitutional claim
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Federal judge to hold hearing on detention of immigration activist Jeanette Vizguerra
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A federal judge on Wednesday scheduled a hearing for next week on the petition filed by prominent Denver immigration advocate Jeanette Vizguerra, who authorities took into custody this week. Vizguerra is a citizen of Mexico who gained attention during the first Trump administration for speaking out about immigration reform and seeking sanctuary from deportation in multiple Denver churches.…