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Immigration

May 31, 2023

US courts can’t decide if immigrant is dangerous, circuit rules

The case concerns a Nicaraguan citizen who became a legal permanent resident of the United States in 1990 and then was twice convicted of trafficking cocaine.

Federal courts lack the jurisdiction to review determinations of whether an immigration detainee is dangerous, the 9th U.S. Circuit Court of Appeals ruled on Tuesday over the objections of 11 judges who argued the issue should be reconsidered en banc.

The appellate court upheld a three-judge panel’s ruling on the issue. Martinez v. Clark, 2023 DJDAR 5012 (9th Circ., filed Jan. 11, 2021).

The case concerns a Nica...

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