September 28, 2007 Ninth Circuit decisions
On September 28, 2007, the Ninth Circuit issed one new published opinion and one published order:
In U.S v. Sullivan, the Ninth Circuit held that a community pre-release center was not an “imprisonment” under 18 U.S.C. §3624(e), and accordingly, Sullivan was not under upervised release when he failed a drug test.
In Ramadan v. Keisler, the Ninth circuit denied a request for rehearing en banc. Nine judges dissented from the order denying rehearing en banc. The decision leaves standing the panel decision concluding the Court had jurisdiction under the REAL ID Act over immigration appeals where the issue of “changed circumstances” is. This conclusion is contrary to that of seen circuits that have considered the same issue.
