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Tag: removal proceedings

  • Appeals court reverses decision that freed pro-Palestinian activist Mahmoud Khalil

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    A federal appeals panel on Thursday reversed a lower court decision that released Mahmoud Khalil from an immigration jail, bringing the government one step closer to detaining and ultimately deporting the Palestinian activist.A three-judge panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia instructed the lower court to dismiss Khalil’s habeas petition, a court filing that secured his release. The panel ruled that the federal district court in New Jersey did not have jurisdiction over the matter because immigration challenges are handled differently under the law.In a 2-1 decision, the panel wrote that federal immigration laws require deportation challenges be made by filing a petition for review of a final order of removal to a federal appeals court — not a lower-level district court.“That scheme ensures that petitioners get just one bite at the apple—not zero or two,” the panel wrote. “But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct.”The law bars Khalil “from attacking his detention and removal in a habeas petition,” the panel added.Messages sent to Khalil and his legal team were not immediately returned.

    PHILADELPHIA —

    A federal appeals panel on Thursday reversed a lower court decision that released Mahmoud Khalil from an immigration jail, bringing the government one step closer to detaining and ultimately deporting the Palestinian activist.

    A three-judge panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia instructed the lower court to dismiss Khalil’s habeas petition, a court filing that secured his release. The panel ruled that the federal district court in New Jersey did not have jurisdiction over the matter because immigration challenges are handled differently under the law.

    In a 2-1 decision, the panel wrote that federal immigration laws require deportation challenges be made by filing a petition for review of a final order of removal to a federal appeals court — not a lower-level district court.

    “That scheme ensures that petitioners get just one bite at the apple—not zero or two,” the panel wrote. “But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct.”

    The law bars Khalil “from attacking his detention and removal in a habeas petition,” the panel added.

    Messages sent to Khalil and his legal team were not immediately returned.

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  • Markey blasts ‘inadequate’ conditions at ICE facility

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    BOSTON — Sen. Ed Markey is renewing criticism of federal authorities for “inhumane” conditions at a Burlington ICE facility where people detained on immigration violations are held before being transferred to other locations.

    In a letter to U.S. Immigration and Customs Enforcement’s Boston acting Field Office Director David Wesling, Markey said after a meeting with him and other officials Dec. 11 he “continues to be alarmed by the allegations of overcrowding and inadequate conditions” at the Burlington facility, “as well as by ICE’s arrest dragnet.”

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    By Christian M. Wade | Statehouse Reporter

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  • NC congressional Republicans seek removal of magistrate who freed suspect in Charlotte rail killing

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    U.S. Rep. Tim Moore, a Republican from North Carolina’s 14th District that includes parts of Charlotte, speaks on the U.S. House floor about the murder of Iryna Zarutska on the city’s light rail. (Screengrab of C-SPAN video)

    North Carolina’s 10 U.S. House Republicans are calling for the immediate removal of the magistrate who released a repeat offender charged with murdering a 23-year-old Ukrainian refugee on Charlotte light rail.

    The attack occurred Aug. 22 but has drawn national and international attention this week with newly released surveillance footage.

    Prior to the unprovoked attack, DeCarlos Brown Jr. was free on a written promise to appear in court for a misdemeanor charge.

    Multiple media outlets report Brown faced 14 prior charges, many misdemeanors, dating back over a decade. Federal officials could seek the death penalty in the most recent case. The 34-year-old Brown will undergo a psychiatric evaluation.

    “By releasing a repeat violent offender on nothing more than his written promise to appear, Magistrate [Teresa] Stokes displayed a willful failure to perform the duties of her office and engaged in conduct prejudicial to the administration of justice,” wrote the congressional representatives in a Sept. 9 letter.

    “North Carolina’s justice system failed Iryna Zarutska,” said U.S. Rep. Tim Moore of North Carolina’s 14th District which includes parts of Charlotte and its suburbs, such as Gastonia. “Judge Stokes had the chance to protect the public and chose not to. It’s clear that she’s unfit to hold this consequential position and should be removed from the bench immediately.”

    The letter is addressed to Chief District Court Judge Roy Wiggins, who has the authority to initiate removal proceedings.

    In addition to Moore, the letter is signed by Reps. Gregory F. Murphy, M.D. (NC-3), Virginia Foxx (NC-5), Addison P. McDowell (NC-6), David Rouzer (NC-7), Mark Harris (NC-8), Richard Hudson (NC-9), Pat Harrigan (NC-10), Chuck Edwards (NC-11), and Brad Knott (NC-13).

    Moore has also co-sponsored legislation seeking to end cashless bail.

    State Auditor Dave Boliek waded into the matter Tuesday announcing that the Office of the State Auditor will formally investigate the Charlotte Area Transit System (CATS).

    “The recent lawlessness and violence that have taken place on Charlotte’s public transportation raise serious questions about the security measures in place. We will investigate CATS and examine its public safety contracts and operations,” said Boliek.

    The auditor’s office has notified Charlotte Mayor Vi Lyles, Metropolitan Transit Commission leadership, and CATS leadership that the investigation will begin immediately.

    Charlotte Mayor Vi Lyles (File photo)

    President Donald Trump keyed in on the murder on social media Tuesday saying that the policies of Democrat-run cities have left criminals to pray on innocent people.

    “We have to respond with force and strength. We have to be vicious just like they are. It’s the only thing they understand,” pledged Trump.

    Figures show that homicides are down in many large cities since spiking in 2020 amid the pandemic.

    Lyles, a Democrat, has called the attack on Zarutska “horrific and senseless.”

    In response, the Charlotte mayor has pledged stronger policing across the transit system and increased fare enforcement.

    Lyles is seeking a fifth term in office. On Tuesday night, she won a crowded Democratic primary with more than 70% of the ballots cast in the mayoral race. She did not address the media after her decisive win.

    Lyles will face Republican Terrie Donovan and Libertarian Rob Yates in November.

    Crime prevention and public safety will be top issues for the candidates.

    Like the SC Daily Gazette, NC Newsline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. NC Newsline maintains editorial independence. Contact Editor for questions: info@ncnewsline.com.

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