Tuesday, May 19, 2015

Zavala v. Ives, No. 13-56615 (Reinhardt with Wardlaw; concurrence and dissent by Callahan).
The 9th grants habeas relief to a federal prisoner under 28 U.S.C. ยง 2241 for credit for time spent in ICE custody prior to being charged with an immigration offense.  He should have received credit.  Callahan concurs and dissents, arguing that the majority expanded the test for credit to include credit for "potential" charges to be filed.

Congratulations to Deputy Federal Public Defender Ashfaq Chowdhury of the Central District of California.

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2015/05/18/13-56615.pdf

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