Sentences with phrase «prolonged detention»

Perhaps, though, one or more of the four more conservative justices might conclude that prolonged detention pending removal requires some form of due process.

Because the latter felt that even brief detention required due process, it seems very likely that they would conclude that prolonged detention also demands this.

And there's no real discussion of the principle of reasonable prospect of removal to justify prolonged detention.

The Court of Appeal ruled «the extended detention of defendant was unreasonable where the court could not say that the entire period of defendant's detention was justified by government interests made... Continue reading Important Court of Appeal Decision Regarding Prolonged Detention of Third Party During Probation Compliance Search

What has become clear, though, is that something must be done to correct the injustices thrust upon those placed in prolonged detention, even if it requires a new middle ground, much like that which Justice Ginsburg alluded to in her statement at reargument.

Authorities on Monday detained Meir Ettinger, whose grandfather Meir Kahane founded the racist anti-Arab Kach group, and a court prolonged his detention until the weekend on suspicion of «nationalist crimes».

Prolonged detention affected people's lives forever, Lira explains.

No mention was made of detainees deliberately prolonging their detention.

Factors that can lead to prolonged detention include a history of absconding, non-compliance with immigration processes and a prolific offending history.»

The government also argued that habeas corpus review in individual cases satisfies any constitutional concerns stemming from prolonged detention.

Demore v. Kim upheld only brief detentions without due process and thus does not resolve the issue of whether prolonged detentions require due process.

In a celebrated case brought by a group of civil libertarians to the U.S. Supreme Court in 1942, Chief Justice Robert Jackson, against the strong argument of civil libertarians on the issues of «interrogation without the due process of law» and prolonged detention of suspects, gave his famous ruling that the United States «Constitution is not a suicide pact».

Thus the plaintiffs in Jennings v. Rodriguez argue that federal immigration statutes should be interpreted to require due process — and an individualized determination of danger or of a flight risk — before a person is subjected to prolonged detention pending removal.

A Federal High Court sitting Apo, Abuja has struck out a fundamental rights suit filed by Femi Fani - Kayode, challenging his prolonged detention by the Economic and Financial Crimes Commission (EFCC).

I have seen people crushed by the weight of their despair and depression as a result of prolonged detention.

This prolongs their detention considerably, because a doctor or HHS official must approve their release from those facilities, and that approval takes «many weeks.»

Those minors who refuse to take the medications are told refusing will prolong their detention, Holguín says.

Of course, we have also provided legal updates throughout, including an up - to - date look at challenges to prolonged detention and the categorical approach used to analyze criminal convictions.

The lower court found that the prolonged detention policy did not violate Equal Protection because the executive had broad discretion to single out certain groups for longer detention than others.

Re N: Chris was instructed on behalf of the Claimants in this arbitration concerning claims under the vessel's war risks insurance arising out of the prolonged detention of the vessel in St. Petersburg.

Canada's justice system is built upon key democratic rights including the right to counsel, the right to a fair trial, the right to know the case against you and to make full answer and defence, the right to be free from arbitrary and prolonged detention, the right to habeas corpus, and the right to presumption of innocence.

Some, however, have the unexpected experience of being subjected to arbitrary and prolonged detention — and sometimes even torture.

Those denied bail in the Toronto 18 terrorism prosecutions were subject to prolonged detention in administrative segregation, and for the most part, had little success challenging their conditions of confinement.