Navigation

Archive | detention

Tuesday, December 17th, 2019

A district court’s order granting a criminal defendant bail under the Bail Reform Act (“BRA”), doesn’t preclude immigration authorities from then detaining that person under the Immigration and Naturalization Act (“INA”). United States v. Lett, No. 18-749-cr, __ F. 3d__, 2019 WL 6752763 (Dec. 12, 2019).

The Second Circuit joins the Third, Sixth, and D.C. Circuits and holds “that immigration authorities may lawfully detain a criminal defendant ordered to be released under the BRA  pursuant to their authority under the INA to detain aliens seeking admission into the United States who are not ‘clearly and beyond a doubt entitled to be admitted[.]’”United States v. Lett, 2019 WL 6752763 at *1, *2 (2d Cir. Dec. 12, 2019) [18-749_Documents] (quoting 8 U.S.C. § 1225(b)(2)(A)); see also 18 U.S.C. § 3142 (bail reform act); 8 U.S.C. § 1101, et seq. (immigration and naturalization act).

Several district courts in this Circuit and around the country had held “that pretrial release under the BRA forecloses detention under the INA” — including the district court in Lett’s case.  2019 WL 6752763 at *3.  But the Circuit holds to the contrary. It rejects the argument that a person granted …

Posted by
Categories: bail, detention, immigration, INA

Posted By
Categories: bail, detention, immigration, INA

Continue Reading
Sunday, October 14th, 2012

Bail Doubt

United States v. Briggs, No. 12-2988-cr (2d Cir. October 5, 2012) (Calabresi, Carney, CJJ)

Antonio Briggs, charged in a large, multi-defendant drug conspiracy, was ordered detained in September of 2010, and remains in jail today. In this appeal, he claimed that this lengthy pretrial detention deprived him of due process. 

The circuit, although clearly concerned with the length of the delay, held that there was as yet no due process violation. However, the court directed that the district court either commence his trial, or set reasonable bail for him, on or before February 1, 2013.

The circuit noted that the reasons cited by the district court for detaining Briggs in the first instance were sound: it was a presumption case, and both Briggs’ sentencing exposure and the strength of the government’s evidence supported the initial detention order. And here, much of the two-plus-year-delay, although not necessarily Briggs’ fault, resulted from “repeated motions,” …

Posted by
Categories: detention, due process, Uncategorized

Posted By
Categories: detention, due process, Uncategorized

Continue Reading
Sunday, July 10th, 2011

Summers-Time Blues

United States v. Bailey, No. 07-3819-cr (2d Cir. July 6, 2011) (Cabranes, Pooler, Raggi, CJJ)

In Michigan v Summers, 452 U.S. 602 (1981), the Supreme Court held that the Fourth Amendment permitted police officers to detain the occupant of a premises during the execution of a search warrant, without need for individualized suspicion of the person detained. Here, the circuit, joining an issue in which the courts are divided, held that Summers also permits detaining the occupants after they have left the premises.

Background

In July of 2005, Suffolk County detectives obtained a search warrant for a basement apartment in Wyandanch, based on an informant’s tip that there was a gun there. When they arrived at the location to execute the warrant, they saw Bailey and an associate exiting the apartment. They drove off and the officers followed; about a mile from the apartment, the officers stopped Bailey’s car.

The …

Posted by
Categories: detention, Fourth Amendment, search warrant, Uncategorized

Posted By
Categories: detention, Fourth Amendment, search warrant, Uncategorized

Continue Reading