Circuit Court: Immigrants and Appeals Court

circuit court: The little-noticed ruling by a three-judge appellate panel last week noted that it's the first decision of its kind in the 10th Circuit Court of Appeals, setting the legal standard for pretrial release of immigrants in criminal cases across a territory that includes Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah, according to Metro News. The 10th Circuit noted that the Bail Reform Act requires judges to decide the pretrial detention of deportable immigrants on a case-by-case basis, considering various factors to determine the risk a defendant might flee. A federal appeals court has ruled that judges cannot deny bail to immigrants in criminal cases solely because they are living in the country unlawfully and could be deported before trial. While doing so, judges cannot consider the possibility of involuntary deportation, the panel said. We don't do blanket analysis of people and that is where we have gotten. At issue in this case was whether a defendant can be considered a flight risk solely because the Bureau of Immigration and Customs Enforcement has lodged a detainer, which is essentially a formal notice requesting the U.S. Marshals Service to contact ICE before a person is released. (www.immigrantscanada.com). As reported in the news.