The case that drove me out of public defendering: client, a Black Latino man, was pulled out of a ticket line at Penn Station by DEA agents. For no good reason. Taken to their office and his bag searched. I filed a motion to suppress. /1
At the suppression hearing 3 DEA agents told 3 different stories. All patently inplausible. One had been found not credible in past similar case by another judge.
Of course the court, who I believe had never granted a suppression motion in all her life, denied our motion. /2
I had warned my client, who had never been arrested in his life, that in the SDNY (federal court in Manhattan) the prosecutors routinely would accuse defendants of obstruction of justice and argue for higher sentence, based solely on declaration iso suppression motion. /3
We've lost a valiant battle in Nielsen v. Preap today. Two terms in a row now, #SCOTUS has ruled in favor of the most extreme interpretation of the mandatory immigration detention statute - which results in detention without any individualized hearing on flight risk or danger.
So much for abiding by the plain words Congress used.
The vote is 5-4, with Justice Alito writing the majority opinion. Justice Breyer dissents with RBG, Sotomayor, and Kagan.
Needless to say, SGB gets it right.
We brought the two cases along with @NWIRP@aaaj_alc@ACLU_NorCal@ACLU_WA and the law firms of Gibbs Houston Pauw, Sunbird Law PLLC, and Keker, Van Nest & Peters LLP on behalf of so many courageous people fighting for due process and the right to a hearing.