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· 5/22/2015

State of Iowa v. Victor Hernandez-Galarza

Citations

  • 864 N.W.2d 122
  • 2015 Iowa Sup. LEXIS 61
  • 2015 WL 2445098

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that even if immigration detention \may be factually traceable to ... state criminal proceedings [the] restraint is entirely the product of federal immigration policy\ and therefore cannot satisfy the custody requirement of Iowa's habeas statute
  • noting the State of Iowa would not have the ability to discharge an individual confined by federal authorities under the federal immigration laws
  • denying relief under Iowa Code chapter 663 to defendants who receive deferred judgments and are discharged from probation because their liberty is no longer restrained
  • addressing the availability of habeas corpus relief to a defendant whose judgment was deferred and who had completed probation and holding the defendant did “not have a cognizable habeas claim” based on ineffective assistance of counsel”
  • “[B]ecause the probationary period entered against Hernandez-Galarza in this case had completely expired by the time he sought to challenge the outcome of his criminal proceedings, he does not have a cognizable habeas claim.”
  • “The district court entered its probation discharge order for Hernandez–Galarza on February 14, 2012. At the time he filed his petition on March 12, 2013, Hernandez–Galarza was no longer detained by or in constructive custody of the State of Iowa.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Zager

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.