Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Wednesday, January 16, 2013

Lifers ineligible for early release for deportation

Chico-Polo v. Department of Corrections, No. 307804 (Mich. Ct. App. Jan. 8, 2013) (published)

There is also a concurring opinion.

MCL 791.234b allows qualified inmates who have served at least 1/2 of the minimum sentence and have been ordered removed to request a transfer to ICE custody for purposes of removal.  The Court held that this does not apply to inmates who receive a life sentence because there is no court-imposed minimum sentence, even though the legislature has made them eligible for parole after 20 years.

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