Block on Trump's Asylum Ban Upheld by Supreme Court
In habeas corpus proceedings following the Minnesota Supreme Court's affirmation of the revocation of petitioner's probation and the execution of her stayed 120 month sentence for aiding and abetting kidnapping, denial of the petition is affirmed where: 1) the state supreme court's conclusion that a Fields appeal was not a form of direct review under Minnesota law was not contrary to or an unreasonable application of clearly established federal law; and 2) Jimenez v. Quarterman, 129 S. Ct. 681 (2009), was not clearly established federal law at the time of the state supreme court's decision.
Submitted: November 18, 2009
Filed: January 4, 2010
Opinion by Judge Murphy