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Challenge to Bureau of Prisons Rule, and Immigration Matter

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By FindLaw Staff on July 02, 2010 12:16 PM

Kittel v. Thomas, No. 09-35630, concerned a habeas petition challenging a Bureau of Prisons ("BOP") rule that categorically excluded from an early release incentive program prisoners whose offenses of conviction involved firearms possession.  The court of appeals affirmed the dismissal of the petition, on the ground that petitioner's claims were moot, and an order stating that Arrington v. Daniels, 516 F.3d 1106 (9th Cir. 2008), applied to petitioner would simply reiterate a fact that was not in dispute.

Cortez-Pineda v. Holder, No. 08-72314, involved a petition for review of a decision of the Board of Immigration Appeals ("BIA") dismissing petitioner's appeal of an Immigration Judge's ("IJ") denial of his applications for special rule cancellation of removal, asylum, withholding of removal, and protection under the United Nations Convention Against Torture ("CAT").  The Ninth Circuit denied the petition, holding that 1) the government should not be held to have made a binding judicial admission about petitioner's entry date because the government vigorously disputed the entry date during the November 2006 evidentiary hearing after notice was given to petitioner that the issue was in dispute, and petitioner never expressly objected on the grounds of judicial admission, instead stipulating to an evidentiary hearing on the issue; and 2) the IJ's adverse credibility determination and denial of asylum relief are supported by substantial evidence.

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