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In a first for Nebraska, federal judge awards attorney’s fees to immigrant who was detained without bond hearing

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In a first for Nebraska, federal judge awards attorney’s fees to immigrant who was detained without bond hearing


For the first time, a federal judge in Nebraska has awarded court costs and attorney’s fees to an immigrant who prevailed in a lawsuit challenging his detention without bond.

Senior U.S. District Court Judge John Gerrard, an appointee of former President Barack Obama, issued the ruling on Tuesday and awarded $1,535.23 to Edgar Eduardo Cadillo Salazar. Gerrard had previously ruled that Salazar’s detention at the Cass County Jail without bond was unconstitutional and ordered the government to provide him with a bond hearing or release him from custody.

Under the federal Equal Access to Justice Act, individuals and businesses that prevail in civil lawsuits against the federal government can file a motion to hold the government liable for attorney’s fees and court costs. Judges can order the government to cover those costs unless they find that the government’s position was “substantially justified,” or if “special circumstances make an award unjust.”

Before last summer, when the Department of Homeland Security revised its longstanding interpretation of statute, only immigrants who were encountered at the border or other ports of entry were subject to mandatory detention. Immigrants encountered after residing in the U.S. were typically subject to discretionary detention and eligible for a bond hearing.

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The new interpretation has led to detention without bond for tens of thousands of immigrants who would have previously been eligible to bond out – and it’s led to an endless stream of wrongful detention lawsuits in Nebraska and around the country. A Reuters investigation found that federal courts have ruled against the mandatory detention policy more than 4,400 times.

In Gerrard’s order granting Salazar’s request for attorney’s fees, he said the government’s position that all undocumented immigrants are ineligible for bond hearings was not substantially justified.

“This ‘new understanding’ of a decades-old statute has resulted in the government detaining hundreds of thousands of nonviolent individuals, often without due process or other constitutional protections,” Gerrard wrote. “It has also sparked thousands of lawsuits where courts have ordered release of those wrongfully detained, for which neither immigration courts nor the Department of Justice have seemed prepared.”

He continued: “The government has not provided any justification, let alone a substantial one, for its radical departure from the historical treatment of noncitizens who entered the United States without inspection. Its arguments rely purely on statutory interpretation; the government apparently expects it can transform an entire area of administrative law because it unilaterally decided that, for thirty years, everyone was wrong about what a statute meant.”

Salazar was later denied bond by an immigration judge and remains in custody, according to his attorney, Alexander Smith.

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Two similar motions were denied last month by U.S. District Court Judge Susan Bazis, an appointee of former President Joe Biden. In both cases, Bazis had ruled in favor of the detained immigrants, and they were later released on bond per her orders. But in her opinions denying attorney’s fees under the EAJA, she found that the government’s position on mandatory detention was “substantially justified.”

“The Court cannot say that the Federal Respondents’ pre-litigation decision to treat [the respondent] as being subject to mandatory detention, while not ultimately correct in this Court’s view, lacked a reasonable basis in law or fact,” Bazis wrote in a footnote of her opinions.

The issue of mandatory detention is currently under consideration by the 8th Circuit Court of Appeals, which covers Nebraska and other Midwest states. In oral arguments last month, the appellate court’s conservative judges appeared friendly to the mandatory detention policy.



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Nebraska

Shelter in place issued after suspicious object found in mailbox

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Shelter in place issued after suspicious object found in mailbox


UPDATE: Grand Island Police said around 3:30 p.m. Tuesday that the shelter in place order has been lifted .

GIPD said the item was retrieved by the Nebraska State Patrol Bomb Squad, who is investigating.

The area has also now been reopened.

ORIGINAL STORY:

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The Grand Island Police Department has cordoned off a local block and is urging residents to shelter in place.

According to GIPD, officers responded to the 4300 block of Sherwood Road just before 2:00 p.m. Tuesday afternoon. A resident reported finding a suspicious cylindrical object wrapped in duct tape inside a home.

The Nebraska State Patrol Bomb Squad has been called to the scene to investigate the device.

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68 students chosen as Nebraska Young Artist Award winners

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68 students chosen as Nebraska Young Artist Award winners


The University of Nebraska–Lincoln’s Hixson-Lied College of Fine and Performing Arts has announced the winners of the 29th annual Nebraska Young Artist Awards.

The awards recognize 11th-grade students from Nebraska for their talents in visual art, dance, music, theatre, and film and emerging media arts. 

Sixty-eight students from more than 40 high schools across the state have been selected as award winners and will be invited to a day of activities on campus March 25.

“Our faculty always look forward to this event,” said Chris Watson, director of recruitment for the college and coordinator of the awards. “They love meeting enthusiastic young artists, working with them and celebrating their talent.”

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Students applied for the recognition and submitted an example of their work. Applications were received from 92 students. Hixson-Lied College faculty chose the winners.

Award winners were also asked to nominate the teacher who provided them with the greatest amount of mentoring and support in the development of their special talents. 

Each student will receive a certificate and an original piece of artwork commissioned for the event and created by a School of Art, Art History and Design student.

Following is a list of award winners by hometown, with their high school and specialty area(s).

Aurora:

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  • Calvin Miller, Aurora, music

Beaver City:

  • Johnathan Eakin, Southern Valley, visual arts

Bellevue:

  • Mami Lloyd, Bellevue West, music

Bennington:

  • Liliana Martic, Bennington, music

Eagle:

  • Jorie Goings, Waverly, dance

Firth:

  • Petra Van Cleave, home school, music

Fremont:

  • Xavier Herre, Bergan Catholic, theatre

Fullerton:

  • Lylla Sabata, Fullerton, music

Gretna:

  • Lillian Bock, Gretna, music

Harvard:

  • Allee Jarzynka, Harvard, music

Hendley:

  • Lily Jordan, Southern Valley, visual arts

Hooper:

  • Leo Arellano, Logan View, visual arts
  • Ellsie Meier, Logan View, visual arts

Kearney:

  • Kruz Flamig, Kearney, visual arts
  • Isaac Hooton, Kearney, visual arts
  • Mariah Kaslon, Kearney, visual arts
  • Landen Tilley, Kearney, visual arts

Lincoln:

  • Alissa Brenning, Norris, dance
  • Kali Brewer, Lincoln Southeast, visual arts
  • Ava Engel, Lincoln Northeast, dance
  • Emalie Fischer, Lincoln North Star, dance
  • Adelyn Haden, Lincoln Standing Bear, dance and music
  • Audrey Haugen, Lincoln Southwest, theatre
  • Andrea Hu, Lincoln East, music
  • Logan Lambrecht, Lincoln Southwest, music and theatre
  • Mckinzey Lile, Lincoln North Star, dance
  • Hayley Marshall, Lincoln Southwest, dance
  • Riley Minster, Lincoln East, music
  • Joslyn Morgan, Lincoln Southeast, music
  • Ariadne Ottoson, home school, music
  • Megan Plander, Lincoln Lutheran, theatre
  • Lauren Ramey, LPS Arts and Humanities Focus Program, visual arts
  • Blake Semrad, Lincoln Southwest, dance
  • Emma Shaeffer, Lincoln Southwest, dance
  • Taylor Sharpe, Lincoln Southwest, dance
  • Hugh Skretta, Lincoln High, music
  • Samuel Sulzle, Lincoln Northwest, music
  • Brooks Xia, Lincoln East, music

Martell:

  • Reese Thomas, home school, music

Norfolk:

  • Noah Asbury, Norfolk, music
  • Emily Henkel, Norfolk, music; Nathan Kaiser, Norfolk, music
  • North Platte: Brett Pfeifer, North Platte, theatre

Omaha:

  • Asher Abuhl, Trinity Classical Academy, music
  • Adam Campagna, Omaha South, film and emerging media arts
  • Liam Cowherd Richardson, Creighton Preparatory, music
  • Regina Ho, Millard South, film and emerging media arts
  • Connor Holmstedt, Fort Calhoun, music
  • Kara Leininger, Duchesne Academy, music
  • Jayden Li, Millard North, music; Violet Little, Omaha Central, dance
  • Mrethi Magesh, Millard North, dance
  • Venkatesan Marichamy, Millard North, dance
  • Moyra Matthews, Duchesne Academy, dance and music
  • Jackson Mu, Millard North, music
  • Gauri Nair, Millard North, dance
  • Angela Qi, Millard North, music
  • Jackson Ramsey, Gretna East, music
  • Tara Richardson, Creighton Prep, music
  • Vandana Santhanam, Marian, music
  • Caroline Soderlin, Millard North, music
  • Akshara Venkatesan, Millard North, dance
  • Caleigh Walkenhorst, Millard West, music

Osmond:

  • Donovan Heiman, Osmond, theatre

Papillion:

  • Emelia Weaver, Papillion-La Vista, music

Pierce:

  • Spencer Sindt, Pierce, music

Randolph:

  • Brecken Shearer, Randolph, visual arts

York:

  • Allison Holmes, York, visual arts



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Nebraska completes sweep over Michigan State in 12-2 seven-inning win

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Nebraska completes sweep over Michigan State in 12-2 seven-inning win


Nebraska baseball (10-5, 3-0) closed out its three-game series with Michigan State (3-11, 0-3) on Sunday afternoon. The Huskers completed the sweep over the Spartans, earning a 12-2 run-rule win in seven.

Nebraska shut down Michigan State early, scoring five runs in the bottom of the first after the Spartans took a 1-0 lead. The Huskers scored 11 straight before surrendering another run. The team totaled 11 hits and held Michigan State to three. The Spartans also suffered five errors.

Nebraska struck three home runs on the day, two off the bat of Dylan Carey. He hit 3-for-4 for four RBIs after hitting multiple two-run home runs. Preston Freeman also blasted a two-run shot over the wall to finish 1-for-3.

Case Sanderson brought in three RBIs after batting 2-for-4 with a double. Drew Grego also finished 2-for-4, earning one RBI. Mac Moyer grabbed one RBI off a double. Jett Buck and Joshua Overbeek each delivered one hit.

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Gavin Blachowicz (2-1) won at the mound and pitched all seven innings for the Huskers. He struck out a career-high 11 batters and allowed three hits for two runs.

Nebraska remains at home for its next matchup, hosting North Dakota State on Wednesday night. The first pitch is set for 6 p.m. CT on B1G+.

Contact/Follow us @CornhuskersWire on X (formerly Twitter) and like our page on Facebook to follow ongoing coverage of Nebraska news, notes and opinions.





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