Re:ICE held an American man in custody for 1,273 days. He’s ...
by forapurpose on Friday April 27, 2018 @08:23PM
(#16945454)
Lawyers: Don't these detainees have a habeas corpus claim, which, as I understand it, compels the government to justify detention? Isn't this kind of situation the intended 'use case' for habeas?
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Re:ICE held an American man in custody for 1,273 days. He’s ...
by conanbatt on Friday April 27, 2018 @08:41PM
(#16945509)
I think it works differently for immigration.
The show Adam Ruins everything explains how minors of age that dont speak english dont have lawyers and go to court alone...
Re:ICE held an American man in custody for 1,273 days. He’s ...
by tonyztan on Friday April 27, 2018 @09:24PM
(#16945648)
IANAL, but if ICE actually detained a U.S. citizen, wouldn't the citizen have the right to file a habeas petition regardless of the "immigration" nature of detention?
Re:ICE held an American man in custody for 1,273 days. He’s ...
by conanbatt on Saturday April 28, 2018 @01:19AM
(#16946174)
I'm sure the saavy dont get caught by ICE, but americans have been actually deported so maybe they are not encouraged or prevented from doing so. (if they dont get assigned a public defender for example).
Re:ICE held an American man in custody for 1,273 days. He’s ...
by nerfhammer on Friday April 27, 2018 @09:36PM
(#16945685)
but you would in practice need a lawyer to know about all that stuff and how to use it, which is the problem in the first place