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Protected Speech

The Ninth Circuit ruled a lower court improperly denied an immigrant’s habeas petition, which argued that his arrest and re-detention was “retaliation for his protected speech.” The immigrant was re-arrested less than 36 hours after he read a poem that criticized Immigration and Customs Enforcement practices. The government has the burden to show that it “would have taken the same action even in the absence of the protected conduct.”

SAN FRANCISCO — The Ninth Circuit ruled a lower court improperly denied an immigrant’s habeas petition, which argued that his arrest and re-detention was “retaliation for his protected speech.” The immigrant was arrested less than 36 hours after he read a poem that criticized Immigration and Customs Enforcement practices. The government has the burden to show that it “would have taken the same action even in the absence of the protected conduct.”

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