Venezuelan Gang Case Must Proceed in Habeas Corpus

by · Apr 7, 2025 5:39 pm

The U.S. Supreme Court has resolved the case of deportation of Venezuelans alleged to be members of the Tren de Aragua gang, just as I said in this post on March 26. The case that arrived in the Supreme Court is the wrong type of case, filed in the wrong court, and the high court vacated it. This case must proceed in habeas corpus, and it must be brought in the district where the petitioners are detained, which is in Texas.

The opinion is here. Continue reading . . .

Supreme Court Grants Stay of Injunction for Return of Alien

by · Apr 7, 2025 4:20 pm

The United States has sought Supreme Court review of an order of a federal district court ordering the Government to effect the return of an alien who has already been deported and is in the custody of a foreign government. The Solicitor General’s application in Noem v. Abrego Garcia, 24A949, notes the unprecedented nature of an order “dictating to the United States that it must not only negotiate with a foreign country to return an enemy alien on foreign soil, but also succeed by 11:59 p.m. tonight.” The Chief Justice stayed the district court’s order and ordered a response by tomorrow. Continue reading . . .

Victim Restitution and the Ex Post Facto Clause

by · Apr 7, 2025 8:28 am

“Moving the goalposts” is widely recognized as an unfair thing to do. In criminal law, the issue rises to a constitutional one. From the beginning, the Constitution has forbidden both Congress and state legislatures from passing “ex post facto laws.”* The primary, and simple, effect of this prohibition is that a legislature cannot make an act criminal or increase the punishment for it after it has been committed, i.e., “after the fact,” in Latin.

Does a law that increases the length of time in which a restitution award may be collected constitute an ex post facto law? The U.S. Supreme Court today took up a case to decide that question, Ellingburg v. United States, No. 24-482.

There are two good arguments why the answer is no. Continue reading . . .

Death Penalty Sought for UnitedHealth Killer

by · Apr 1, 2025 2:41 pm

U.S. Attorney General Pam Bondi has decided to seek the death penalty for Luigi Mangione. The press release says:

“Luigi Mangione’s murder of Brian Thompson — an innocent man and father of two young children — was a premeditated, cold-blooded assassination that shocked America. After careful consideration, I have directed federal prosecutors to seek the death penalty in this case as we carry out President Trump’s agenda to stop violent crime and Make America Safe Again.” Continue reading . . .

Time to Reform Bail Reform

by · Apr 1, 2025 1:33 pm

Five years ago New York state adopted “bail reform” which essentially eliminated bail for every arrestee except for murderers and rapists. Two years earlier the Massachusetts Supreme Judicial Court announced the “Brangan Doctrine,” requiring judges to consider an arrestee’s ability to pay as the primary consideration when setting bail. This has resulted in most offenders being released on low or zero bail, even after dozens of prior arrests. Similar laws or judicially-imposed limits on bail are in place in cities that include Chicago, Philadelphia, Seattle, Austin and DC.  Some of these “reforms” were adopted by cities and counties, some were imposed by progressive District Attorneys, some came from the legislature and some were ordered by judges. After the progressive District Attorney in Los Angeles was voted out last fall, his broad zero bail policy was abandoned by the new DA. But under California law those arrested for almost all property crimes, including auto theft and most drug crimes, still require release without bail.  The California Supreme Court is currently considering a “Brangan doctrine” approach to bail in a case called In re Kowalczyk, which, based on the court’s decision, could impose the ability-to-pay rule for the entire state. CJLF filed argument in opposition in that case.  In places where these reforms are the law, the criminal justice system has become a revolving door, with criminals arrested for serious crimes such assault, illegal possession of firearms and trafficking deadly drugs such as fentanyl, and released back to the streets before the ink is dry on the police report.

Continue reading . . .

Brazen Illegal Tik Tok Freeloader Deported

by · Mar 31, 2025 11:05 am

Many will probably remember news stories in 2023 covering a young illegal immigrant from Venezuela bragging about how easy it was to get money from the U.S. government and squat in a vacant house with impunity. Michael Ruiz of Fox News reports that 26-year-old Leonel Moreno had an estimated 500,000 Tik Tok followers watching his videos mocking taxpayers and other illegals who worked for a living while he was prospering on government handouts. In one of those videos, Moreno bragged, “I didn’t cross the Rio Grande to work like a slave. I came to the U.S. to mark my territory.” Last Friday, the Trump administration announced that Moreno has been deported to his original territory in Venezuela.

Continue reading . . .

Bill on Nationwide Injunctions

by · Mar 31, 2025 10:04 am

The practice of individual federal judges issuing nationwide injunctions against particular government actions has long been the subject of complaints from both sides of the political aisle. At each point in time, of course, the side complaining is the side presently in power.

Senator Charles Grassley, chairman of the Judiciary Committee, has this op-ed in the WSJ regarding a bill he is introducing today to limit this practice, titled the Judicial Relief Clarification Act. As of this writing, today’s bills have not yet appeared on congress.gov, so I do not yet have the details.

Sen. Grassley notes that Justice Kagan has previously denounced such injunctions. A 2022 article in Politico by Josh Gerstein reported her remarks at a Northwestern University event: Continue reading . . .

USCA-DC Decision in Venezuelan Gang Case

by · Mar 26, 2025 2:57 pm

The U.S. Court of Appeals for the D.C. Circuit has split 2-1 in case of the deportation of Venezuelans alleged to be members of the extremely violent Tren de Aragua gang. The majority upheld the temporary restraining order issued by the District Court. The case is J.G.G. v. Trump, No. 25-5067.

The merits of the controversy aside, I believe the dissenting judge is correct on the threshold point. The D.C. federal courts have no jurisdiction here. This is, or should be, a habeas corpus case, and it must be brought in the district where the petitioners are confined, naming the head of that facility as the respondent. CJLF helped establish that rule 21 years ago, in Rumsfeld v. Padilla. Continue reading . . .

Domestic Murder Within Prison — Twice

by · Mar 24, 2025 10:53 am

One of the purposes of imprisonment is incapacitation. People who are locked up cannot commit crimes against people on the outside, except for the few able to commit crimes by proxy.

But crimes on the inside still happen. At Mule Creek State Prison, in Amador County in the California foothills, one death of an inmate’s wife during a family visit is being investigated as a homicide, and a second inmate has been charged with murdering his wife in a similar incident. The Ledger Dispatch in Jackson has this story. The inmate under investigation, David Brinson, has been sentenced to life without parole for four murders. And now there may be five. Continue reading . . .