Person Claiming U.S. Citizenship Fights Indefinite Detention
FROM Law.com (here):
At first glance, the story of Thailand-born convicted drug pusher Yuttasak Simma fits the mold of an immigration lawyer’s typical case: The 34-year-old was convicted on an aggravated felony drug charge, served his jail sentence and is now being detained by immigration officials. The government alleges Simma is subject to deportation. But what makes this case unique, according to one of his pro bono attorneys, Sin Yen Ling of the Asian Law Caucus, is that he is a U.S. citizen being held illegally. And in their attempts to get him out of Santa Clara, Calif., County Jail, his lawyers are using the same federal statute highlighted in a major enemy combatant case (Hamdi v. Rumsfeld).
According to Law.com, New York University School of Law professor Nancy Morawetz conceived the strategy on behalf of clients in predicaments like Simma’s.
KJ