Habeas corpus.

U.S. Appeals Court

ALIEN

Kim v. Ziglar, 276 F.3d 523 (9th Cir. 2002). A lawful permanent resident alien filed a habeas corpus petition challenging the no-bail provision of the Immigration and Nationality Act, under which he had been held for six months. The district court entered an order holding the statute unconstitutional on its face and directing the Immigration and Naturalization Service (INS) to hold a bail hearing. The government appealed and the appeals court affirmed, finding that the no-bail provision, as applied to the alien, violated the alien's due process right to an individualized determination of his risk of flight or danger to the community. (U.S. District Court, Northern District of California)

U.S. Appeals Court

DEATH PENALTY

Singleton v. Norris, 267 F.3d 859 (8th Cir. 2001). A state prisoner filed a petition for a writ of habeas corpus seeking a stay of execution of his death sentence. The district court denied the petition and the prisoner appealed. The appeals court reversed, finding that the inmate lacked the understanding necessary to permit the state to execute him, and a permanent stay of execution was warranted. Prison officials had administered psychotropic medication to protect the prisoner from harming himself and others, which periodically rendered the prisoner competent. (Arkansas Department of Corrections)

U.S. District Court

PAROLE

Yahweh v. U.S. Parole Com'n, 158 F.Supp.2d 1332 (S.D.Fla. 2001). A parolee sought declaratory judgment that his conditions of his parole violated the Religious Freedom Restoration Act (RFRA) and the First Amendment, and he moved for a preliminary injunction. The district court held that as a matter of first impression, habeas corpus was not the exclusive means to challenge parole conditions, and that the conditions did not violate the parolee's free association rights. The parole conditions prohibited the parolee, who was a leader of a recognized religion, from worshiping, meeting, or communicating with followers without the prior written consent of his parole officer. The court noted that the underlying conviction established that the leader used religion as a means to exhort his followers to commit numerous racketeering acts including acts of murder. The conditions read, in part: "You shall not associate or have any contact with members of the Black Hebrew group. This includes direct or indirect contact, th rough any means, to include internet, television, radio, phone, written form or in person. This includes residence, employment, social or other activities, without the prior written approval of your U.S. Probation officer." (U.S District Court, Southern Division, Florida)