From Law & Crime · · 1m 20s
DoJ Lawyer Challenges Contempt Order
DoJ lawyer asks appeals court to reverse improper contempt order against Mexican man's driver's license case.
In brief
DoJ lawyer asks appeals court to reverse improper contempt order against Mexican man's driver's license case. A military lawyer claims a judge wrongly held him in contempt for failing to return a driver's license to an unlawfully detained Mexican man. Originally reported by Law & Crime.
DoJ Lawyer Challenges Contempt Order
Special assistant U.S. attorney Matthew Isihara, a JAG lawyer, asked an appeals court to reverse a contempt order against him.
Contempt Order Details
U.S. District Judge Laura Provinzino ordered the release of Rigoberto Soto Jimenez, a Mexican man living in Minnesota who was unlawfully detained.
Contempt Order Consequence
Provinzino slapped Isihara with a $500 daily fine until ICE returned Jimenez's property, which it did the next day.
DOJ's Appeal Argument
DOJ attorneys argued Provinzino's contempt order was 'wholly improper' and 'stained the reputation of a hardworking career federal attorney'.
Amicus Curiae Position
Amicus curiae Jeffrey Justman argued the case was moot because the contempt had been purged by the district court.
Standing to Appeal
The court questioned whether Isihara had standing to appeal after the contempt order was purged by the district court.
Case Resolution
DOJ attorneys requested the 8th Circuit to wipe the contempt order, saying the government was apologetic and working to resolve the issue.
The bottom line
A military lawyer claims a judge wrongly held him in contempt for failing to return a driver's license to an unlawfully detained Mexican man.
