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Criminal Law: Habeas Petition-Immigration Detention-Removable Alien
Staff Report//April 22, 2019
Where a prisoner, who has been held in federal immigration custody since May 2017, argued that his continued detention while the issue of whether he is a removable alien is litigated was unconstitutional, the district court’s grant of relief based on a conclusion that the period of detention was not reasonable is reversed because the court wrongly applied a reasonableness standard into the statute, and the court is ordered to consider the prisoner’s constitutional arguments.
Judgment is reversed and remanded.
Ali v. Brott (MLW No. 73080/Case No. 19-1244 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, District of Minnesota, Doty, J. (Sergio Sarkany, Washington, D.C., argued for appellant) (Ian Bratlie, Mankato, Minnesota, argued for appellee).
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