Shokeh v. Thompson.U.S. Appeals Court ALIEN BOND Shokeh v. Thompson, 369 F.3d 865 (5th Cir. 2004). An alien who was a lawful permanent resident became the subject of a final order of removal. The Immigration and Naturalization Service Noun 1. Immigration and Naturalization Service - an agency in the Department of Justice that enforces laws and regulations for the admission of foreign-born persons to the United States INS (INS INS abbr. 1. Immigration and Naturalization Service 2. International News Service Noun 1. INS ) authorized him to be released from custody under an order of supervision and upon posting of a $5,000 bond. The alien filed a petition for a writ of habeas corpus Noun 1. writ of habeas corpus - a writ ordering a prisoner to be brought before a judge habeas corpus judicial writ, writ - (law) a legal document issued by a court or judicial officer , which the district courtdenied. The alien appealed, and the appeals court reversed and remanded. The appeals court held that it was permissible to condition the alien's release upon the posting of a bond but that the bond had to be reasonable and appropriate under the circumstances, which required it to be low enough for the alien to be able to meet it. The court held that a bond that had the effect of preventing an alien's release because of inability to pay and that results in potentially permanent detention, is presumptively pre·sump·tive adj. 1. Providing a reasonable basis for belief or acceptance. 2. Founded on probability or presumption. pre·sump unreasonable. (U.S. District Court, Western District of Louisiana The District of Louisiana or Louisiana District was an official United States government designation for the portion of the Louisiana Purchase that had not been organized into Orleans Territory. The area north of present-day Arkansas was also known as Upper Louisiana. ) |
|
||||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion