· 5/31/1940
Protests 975809-G of Best Foods, Inc.
Citations
- 4 Cust. Ct. 503
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, where a magistrate judge determined a noncitizen criminal defendant did not pose a flight risk or a danger to the community, \there is no statutory basis under the BRA for him to be further detained by ICE\
- concluding \failure to appear\ in the BRA referenced volitional flight
- “If the Executive Branch chooses not to release the, Defendant and instead decides to abandon criminal prosecution of the pending charge and proceed directly with Defendant’s removal and deportation, the law allows the Executive Branch to do that.”
- “[T]he Executive Branch has a 6 choice to make. It may take an alien into custody for the purpose of removing or 7 deporting that individual or it may temporarily decline to do so while criminal 8 proceedings are maintained against that person.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Evans
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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