Justia Immigration Law Opinion Summaries

Articles Posted in Montana Supreme Court
The Supreme Court affirmed in part and reversed in part the order of the district court denying Appellant's application for temporary restraining order and preliminary injunction, ruling that holding individuals pursuant to a federal civil immigration detainer request is an arrest under Montana law and that a detainer request is not an arrest warrant and does not compel the re-arrest of a person otherwise entitled to release.Plaintiff was arrested and booked into county jail. When Plaintiff attempted to post his bond, the U.S. Customs and Border Protection (Border Patrol) sent the jail a civil immigration detainer request under the Immigration and Nationality Act and informed the bond company that the sheriff would continue to detain Plaintiff. Consequently, Plaintiff's bondsman declined to post his bond, and Plaintiff was not released. Plaintiff filed a complaint alleging that the sheriff violated Montana law in honoring the Border Patrol's request. The district court ruled against Plaintiff. The Supreme Court reversed in part, holding that Plaintiff's continued detention for a new purpose when he was otherwise entitled to release was an arrest under Montana law, and the sheriff lacked state arrest authority to detain Plaintiff on the basis of his potential removal under federal immigration law. View "Ramon v. Short" on Justia Law