Tuesday, January 24th, 2017

CA9 on Term of Imprisonment: Corpuz v. Holder

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"Corpuz contends that the BIA improperly included in his “term of imprisonment” the entire period that he spent in psychiatric pre-trial civil confinement pending a determination of his competence to stand trial.  We grant Corpuz’s petition and remand for further proceedings. ... Because we cannot confidently approximate how much time Corpuz would have actually served in prison had he never spent time in pre-trial psychiatric confinement, we grant Corpuz’s Petition for Review and remand for a determination of the amount of constructive good time credit to which Corpuz is entitled (and may or may not have received) for the period of his civil confinement at Lake’s Crossing. We GRANT the Petition for Review and REMAND for further proceedings consistent with this opinion." -