The rule of Nieves v. Bartlett, which held that the presence of probable cause generally defeats a retaliatory criminal arrest claim under 42 U.S.C. §1983, does not control in the immigration bond revocation context; the standard from Mt. Healthy City Board of Education v. Doyle applies when an individual who had been detained by ICE and released on bond claims his immigration arrest and re-detention was retaliation for his protected speech.
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