§ 6.7 D. Effect of Noncitizen Status on Release Decision
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Both federal and state courts operate subject to statute in deciding whether to release a defendant from custody in a criminal case, what factors to consider, what procedures to use in deciding whether to impose conditions on release from custody, and what those conditions should be. Some courts need not take immigration status into account in deciding these questions. Even where courts do consider citizenship in making these determinations, immigration status is only one of many considerations and does not per se justify a decision to deny release. Courts apply the same two criteria for all defendants, regardless of a defendant’s citizenship or immigration status: does the defendant pose a risk of flight, and does the defendant pose a danger to the community. 
 See, e.g., 18 U.S.C. § 3142.
POST CON RELIEF - GROUNDS - INEFFECTIVE ASSISTANCE OF COUNSEL - NO RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL ON DISCRETIONARY APPEALS, POST-CONVICTION COLLATERAL ATTACKS, OR PETITIONS FOR CERTIORARI TO THE U.S. SUPREME COURT
Pennsylvania v. Finley, 481 U.S. 551, 554 (1987) (no right to counsel on collateral review of criminal conviction); Ross v. Moffitt, 417 U.S. 600 (1974) (no right to counsel for discretionary review, such as asking United States Supreme Court to grant review); Miller v. Keeney, 882 F.2d 1428, 1431 (9th Cir. 1989).
STATISTICS - DHS ATTEMPTS TO PLACE HOLDS ON ALL IMMIGRANTS IN ALL JAILS
"The Obama administration is expanding a program initiated by President George W. Bush aimed at checking the immigration status of virtually every person booked into local jails. In four years, the measure could result in a tenfold increase in illegal immigrants who have been convicted of crimes and identified for deportation, current and former U.S. officials said." Spencer S. Hsu, Obama Administration's Enforcement Push Could Lead to Sharp Increase in Deportation Cases, http://www.washingtonpost.com/wp-dyn/content/article/2009/05/18/AR2009051803172_2.html?hpid=topnews (May 19, 2009).