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Supreme Court wrestles with case on detention of immigrants
Law & Court News |
2018/10/09 09:51
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The Supreme Court wrestled Wednesday with a case about the government’s ability to detain certain immigrants after they’ve served sentences for committing crimes in the United States. Several justices expressed concerns with the government’s reading of immigration law.
Justice Stephen Breyer seemed perhaps the most sympathetic to the arguments of immigrants in the case. The immigrants, mostly green-card holders, say they should get hearings where they can argue for their release while deportation proceedings against them are ongoing. Breyer noted that the United States “gives every triple ax murderer a bail hearing.”
While members of the court’s conservative majority seemed more inclined than its liberal members to back the government, both of President Donald Trump’s appointees asked questions that made it less clear how they might ultimately rule.
The issue in the case before the justices has to do with the detention of noncitizens who have committed a broad range of crimes that make them deportable. Immigration law tells the government to pick those people up when they are released from federal or state prisons and jails and then hold them without bond hearings while an immigration court decides whether they should be deported.
But those affected by the law aren’t always picked up immediately and are sometimes not detained until years later. They argue that unless they’re picked up essentially within a day of being released, they’re entitled to a hearing where they can argue that they aren’t a danger to the community and are not likely to flee. If a judge agrees, they can stay out of custody while their deportation case goes forward. That’s the same hearing rule that applies to other noncitizens the government is trying to deport.
The Trump administration argues, as the Obama administration did, against hearings for those convicted of crimes and affected by the law. The government reads immigration law to say that detention is mandatory for those people regardless of when they are picked up.
Sounding sympathetic to the immigrants’ arguments, Breyer asked a lawyer arguing for the government whether he thought “a person 50 years later, who is on his death bed, after stealing some bus transfers” is still subject to mandatory detention without a hearing. But Breyer also seemed to suggest that the government might be able to hold noncitizens without bond hearings if they were picked up more than a day after leaving custody, maybe up to six months. |
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Polish leader appoints top court judges, against ruling
Law & Court News |
2018/10/08 09:51
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Poland's president swore in 27 new Supreme Court judges Wednesday, stepping up the conflict over control of the judiciary and ignoring another top court that said the appointments should be suspended pending an opinion by European Union judges.
Andrzej Duda appointed judges to the civil and penal chambers of the court as well as to its new chamber of extraordinary control, according to his top aide, Pawel Mucha. Reporters were not allowed to witness the ceremony.
"We are implementing another stage of the reform of the justice system that is so important to us," Mucha said, adding: "We are acting in the public interest."
The new judges are part of the sweeping changes that the ruling conservative Law and Justice party has been applying to the justice system since winning power in 2015. It says that judges active during the communist era, before 1989, must be replaced. Many of the court's judges have been forced to retire early under a new law that put their retirement age at 65, from the previous 70.
But critics say the changes violate the constitution and are putting Poland's courts under the party's political control. They also say Duda is acting against the supreme charter and warn he may be brought to account before a special tribunal.
The former head of the Constitutional Tribunal, designed to try actions by politicians, Andrzej Zoll, said Duda must be "brought to account in the future," saying his actions are against the rule of law and could lead to anarchy. |
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Indian court allows deportation of 7 Rohingya to Myanmar
Law & Court News |
2018/10/03 22:35
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India on Thursday deported its first group of Rohingya Muslims since the government last year ordered the expulsion of members of the Myanmar minority group and others who entered the country illegally.
The deportation was carried out after the Supreme Court rejected a last-minute plea by the seven men's lawyer that they be allowed to remain in India because they feared reprisals in Myanmar. They were arrested in 2012 for entering India illegally and have been held in prison since then.
Indian authorities handed the seven over to Myanmar officials at a border crossing in Moreh in Manipur state, a police officer said on condition of anonymity because he was not authorized to talk to reporters. Each carried a bag of belongings.
The Supreme Court said it would allow their deportation because Myanmar had accepted them as citizens. Government attorney Tushar Mehta told the judges that Myanmar had given the seven certificates of identity and 1-month visas to facilitate their deportation.
Most Rohingya Muslims in Buddhist-majority Myanmar are denied citizenship and face widespread discrimination.
Defense attorney Prashant Bhushan said the government should treat them as refugees, not as illegal migrants, and send a representative of the U.N. High Commissioner for Refugees to talk to them so they would not be deported under duress.
About 700,000 Rohingya have fled to Bangladesh since August 2017 to escape a brutal campaign of violence by Myanmar's military.
An estimated 40,000 other Rohingya have taken refuge in parts of India. Less than 15,000 are registered with the U.N. High Commissioner for Refugees.
Many have settled in areas of India with large Muslim populations, including the southern city of Hyderabad, the northern state of Uttar Pradesh, New Delhi, and the Himalayan region of Jammu-Kashmir. Some have taken refuge in northeast India bordering Bangladesh and Myanmar. |
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UN court asked to probe Venezuela; leader defiant in speech
Law & Court News |
2018/10/01 15:45
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Six nations made the unprecedented move Wednesday of asking the U.N.’s International Criminal Court to investigate Venezuela for possible crimes against humanity, even as President Nicolas Maduro made an unexpected trip to the world body’s headquarters to deliver a nearly hourlong speech declaring his nation “will never give in.”
Maduro’s speech at the General Assembly gathering of world leaders came hours after Argentina, Chile, Colombia, Peru, Paraguay and Canada formally asked the ICC to investigate Venezuela on a range of possible charges, from murder to torture and crimes against humanity.
“To remain indifferent or speculative in front of this reality could be perceived as being complicit with the regime. We are not going to be complicit,” said Paraguayan Foreign Minister Andres Rodriguez Pedotti.
The six countries hope the move puts new pressure on Maduro to end the violence and conflict that have sent more than 2 million people fleeing and made Venezuela’s inflation and homicide rates among the highest in the world.
Venezuelan officials have widely rejected international criticism, saying they’re driven by imperialist forces led by the U.S. to justify launching an invasion. And Maduro sounded a defiant tone Wednesday night, complaining that Washington was attacking his country through sanctions and other means and strong-arming other countries into going along in a “fierce diplomatic offensive.”
“The U.S. wants to continue just giving orders to the world as though the world were its own property,” Maduro said. “Venezuela will never give in.”
But at the same time, he said he was willing to talk with Trump.
Wednesday marked the first time that member countries have referred another country to the Netherlands-based U.N. court.
Canada was among nations referring Venezuela to the ICC, and Prime Minister Justin Trudeau seized the moment to defend the idea of global justice the court represents — the day after Trump attacked it in a stinging speech that challenged multilateral organizations.
Its chief prosecutor, Fatou Bensouda, already has opened a preliminary investigation into allegations that Venezuelan government forces since April 2017 “frequently used excessive force to disperse and put down demonstrations,” and abused some opposition members in detention. |
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Egypt court returns ex-president Mubarak's 2 sons to prison
Law & Court News |
2018/09/16 12:49
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Acting on a judge's order, Egyptian police detained the sons of former president Hosni Mubarak on Saturday along with three others in connection with insider trading charges for which the five are on trial, security officials said.
They said the arrests were ordered by judge Ahmed Aboul-Fetouh before he adjourned the case's hearings until Oct. 20. The Mubarak sons - wealthy businessman Alaa and Mubarak's one-time heir apparent Gamal - were taken to a prison south of Cairo after the hearing, according to the officials, speaking on condition of anonymity because they were not authorized to brief media.
The detention of the two brothers came as something of a surprise given that the trial has been proceeding without incident. It was not immediately clear if their detention has anything to do with a recent warning to Gamal Mubarak by a newspaper editor close to the government to abandon any political ambitions.
The two sons and their father were sentenced to three years in prison following their conviction of embezzling funds set aside for the restoration and maintenance of presidential palaces, using the money to upgrade their private residences. The sons were released in 2015 for time served, while Mubarak walked free last year. The trio paid back to the state the money they embezzled.
The three were first detained in April 2011, two months after a popular uprising forced Mubarak to step down after nearly 30 years in power. After a long trial, Mubarak was acquitted of killing protesters during the 18-day uprising against his autocratic rule.
The ongoing insider trading trial centers on the buying by the two brothers of a large number of shares in a local Egyptian bank that they allegedly knew was to become the target of a takeover by an Arab Gulf investor, a move that was virtually certain to dramatically drive up share prices.
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