Topic
Every decision we've filed under Habeas Corpus - General (28 USC 2241).
The Eleventh Circuit affirmed the conviction and sentence of Michael Monteith for conspiring to import cocaine. The court held that Monteith voluntarily waived his right to be present at trial and that his mid-trial absence warranted a sentencing enhancement for obstruction of justice.
The Eleventh Circuit held that parents retain a fundamental right to live with their children even if they have committed state-defined misconduct. The court ruled that Alabama's law permanently barring sex offenders from residing with their own children violates substantive due process.
The United States Court of Appeals for the Fifth Circuit granted a petition for rehearing en banc in this habeas corpus dispute. The court vacated the prior panel opinion and ordered a full rehearing with oral argument to be scheduled.
The Seventh Circuit rejected the government's arguments to dismiss petitions for review filed by noncitizens seeking withholding of removal and Convention Against Torture relief. The court held that reinstatement orders are final orders of removal subject to judicial review and that the thirty-day filing deadline is subject to equitable tolling.
The Seventh Circuit rejected the government's motion to dismiss petitions for review filed by noncitizens seeking withholding of removal or Convention Against Torture relief. The court held that the thirty-day filing deadline is subject to equitable tolling and that reinstatement orders remain subject to judicial review.
The Seventh Circuit affirmed a conviction for wire fraud and money laundering, rejecting the defendant's claim that admitting WhatsApp messages violated his right to testify. The court held that using a defendant's discovery production to authenticate evidence does not infringe upon the constitutional right to testify.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal by a North Carolina prisoner seeking relief under a habeas corpus petition. The court found that the petitioner failed to make the requisite showing to obtain a certificate of appealability.
The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of a federal prisoner's petition challenging the execution of her sentence. The appellate court found that the petitioner failed to exhaust her administrative remedies and did not demonstrate that exhaustion would have been futile.
The United States Court of Appeals for the Tenth Circuit reversed the district court's denial of a habeas corpus petition, holding that a noncitizen detained inside the United States pending removal proceedings is eligible for a bond hearing under 8 United States Code Section 1226(a).
The United States Court of Appeals for the Fourth Circuit affirmed the dismissal of a federal prisoner's petition for a writ of habeas corpus. The court held that the petitioner failed to exhaust administrative remedies and did not establish that such exhaustion should be excused.