If you’ve been following what is happening in the immigration law arena, you may have noticed a term that has been used a lot in the last six months: “prosecutorial discretion.” The reason for its being in the news is because in the summer of 2011, ICE issued a series of memos regarding prosecutorial discretion. […]
Posts Tagged ‘detention’
Prosecutorial Discretion Could Get You Out of Removal Proceedings
January 18th, 2012 
Max Nuyen Immigration Judge Finds ISAP is a Form of Custody
June 21st, 2011 Max Nuyen In the Matter of –(3/6/2009) I discovered this case recently while researching some issues pertaining to ISAP. It’s not available to the public because it has not been published. The decision was written by an immigration judge in Florida, so it has no real precedential authority, but its legal discussion is valuable nonetheless because it […]
ISAP
June 6th, 2011 Max Nuyen I get quite a few questions about the Intensive Supervision Appearance Program (“ISAP”), particularly when the person is requested to wear an ankle GPS device. Here are my observations so far: If you want to have the ankle device removed, you must file a formal request with an immigration judge right away, as in TODAY. Normally, […]
Posted in Deportation and Detention 
Tags: detention, GPS ankle bracelet, ICE, immigration judge, ISAP 
5 Comments »Ninth Circuit Lays Out Procedure for Appeal of Denial of Bond Hearing
May 24th, 2011 Max Nuyen Leonardo v. Crawford (9th Cir. 5/13/2011) In 2008, the Ninth Circuit decided Casas-Castrillon v. DHS, which held that aliens detained pending completion of their removal proceedings are entitled to a bond hearing before an immigration judge to determine whether their ongoing detention is justified. While a very important case for those in detention, there were […]
Alien in Prolonged Detention Entitled to Bond Hearing to Determine Appropriateness of Continued Detention
March 12th, 2011 Max Nuyen Diouf v. Napolitano (9th Cir. 3/7/2011) The Ninth Circuit has previously ruled that a person who is in detention and has been ordered deported, but who has filed an appeal of the deportation order, is entitled to a bond hearing before an immigration judge to determine whether or not continued detention is appropriate because such […]