Ameen was accused of being a member of the Islamic State group, lying on his refugee application and of murdering an Iraqi police officer. The government's case hinged largely on supposed eyewitnesses who say he led the convoy into the Rawah district of Iraq's Al-Anbar province.
But a KCRA 3 investigation showed that defense attorneys, after two years of intense negotiations and travel to Turkey, obtained what his public defender called "obliterating evidence." Cellphone data, cell tower "pings" and eyewitness testimony put him in Mersin, Turkey, within the hour of the Iraqi police officer's murder.
In a 30-page memorandum and order from U.S. Magistrate Judge Edmund Brennan in Sacramento, the court said that it did not seem possible that Ameen killed the officer in Iraq as evidence showed he was in Turkey. Brennan said the government's version of events made "little sense," and ordered Ameen to be released from federal custody immediately.
Instead of being returned to his family, Ameen was taken into custody by Immigration and Customs Enforcement, where he's been held in Bakersfield on essentially the same charges Judge Brennan cleared him of in April.
More Immigration Law News
Border crisis: GOP senator introduces bill allowing local police to enforce immigration laws
Alabama Sen. Tommy Tuberville warns of 'total chaos' without immigration law enforcement
Sen. Tommy Tuberville, a first-term Republican senator from Alabama, is introducing a bill to give state and local law enforcement more jurisdiction over illegal immigration cases, as the crisis at the southern border continues to escalate.
Tuberville spoke with Fox News on Tuesday about his Empowering Law Enforcement Act, which he is introducing with fellow GOP Sens. Thom Tillis, S.C., and Mike Rounds, S.D. He said the bill is needed because the Biden administration is targeting Immigration and Customs Enforcement (ICE) and looking to "close them down or really, really cut their power."
"Our local police across the country, as we speak, they don’t have, really, any authority with illegal immigration," Tuberville told Fox News. "And we need to find some way to be able to give our local law enforcement all across the country the ability to arrest, to identify, and then have some way to have jurisdiction over people who are not citizens of our country."
Court rules against government on technical question of notice requirement in immigration law
The Supreme Court on Thursday issued a 6-3 opinion in Niz-Chavez v. Garland, reversing a lower court’s decision that had limited access to “cancellation of removal,” an important form of relief for noncitizens in deportation proceedings.
Justice Neil Gorsuch wrote the majority opinion, adopting a rigid interpretation of a federal statute that requires the government to serve a “notice to appear” in order to trigger the “stop-time” rule. That rule can foreclose access to immigration relief by preventing noncitizens from accruing the time required for eligibility. According to the majority, in order to trigger the stop-time rule, the government must issue a single immigration charging document with various pieces of required information, including the date and time of the hearing. The majority rejected the government’s contention that a series of documents could together comprise the required notice, noting that the plain language of the law, as well as its structure and history, indicate a single document is required.
The voting line-up was unusual. Gorsuch’s majority opinion was joined by the court’s three liberals – Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan – as well as two other conservatives – Justices Clarence Thomas and Amy Coney Barrett. Justice Brett Kavanaugh wrote a dissent, which was joined by Chief Justice John Roberts and Justice Samuel Alito.
There will be no new immigration law under Biden, unless he changes course
Senate Majority Leader Chuck Schumer (D-N.Y.) is reportedly considering an end run around the regular legislative process. He wants to pass an immigration reform bill that would legalize millions of undocumented immigrants, but he hasn’t been able to get the 10 Republican votes he needs to overcome a Republican filibuster.
The filibuster could be eliminated with a simple majority vote, but that would require all 50 Democratic Senators to vote for eliminating it, and two of them — Joe Manchin (D-W.Va.) and Kyrsten Sinema (D-Ariz.) — are opposed.
Sen. Manchin has said that if the filibuster is eliminated, “a new and dangerous precedent will be set to pass sweeping, partisan legislation that changes the direction of our nation every time there is a change in political control.”
Sen. Tommy Tuberville, a first-term Republican senator from Alabama, is introducing a bill to give state and local law enforcement more jurisdiction over illegal immigration cases, as the crisis at the southern border continues to escalate.
Tuberville spoke with Fox News on Tuesday about his Empowering Law Enforcement Act, which he is introducing with fellow GOP Sens. Thom Tillis, S.C., and Mike Rounds, S.D. He said the bill is needed because the Biden administration is targeting Immigration and Customs Enforcement (ICE) and looking to "close them down or really, really cut their power."
"Our local police across the country, as we speak, they don’t have, really, any authority with illegal immigration," Tuberville told Fox News. "And we need to find some way to be able to give our local law enforcement all across the country the ability to arrest, to identify, and then have some way to have jurisdiction over people who are not citizens of our country."
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