Lawsuit seeks to stop DOJ’s Chapter 154 Final Rule from becoming effective
Posted on: 10/1/2013 08:57:56 AM by Peoples

On September 30, 2013, a Complaint and Request for Injunctive Relief was filed in the United States District Court for the Northern District of California by the Habeas Corpus Resource Center and the Federal Defender for the District of Arizona against the Department of Justice. The complaint challenges the Final Rule promulgated by the Department of Justice concerning the certification process for States seeking the benefits of Chapter 154 of Title 28. The complaint alleges: "The Final Rule is defective for a number of reasons, including that it (i) fails to protect against Defendants' inherent conflict of interests and the risk of bias in the certification process; (ii) insufficiently responds to public comments regarding deficiencies in the proposed regulations, (iii) does not include adequate certification procedures; and (iv) fails to include appropriate criteria for Defendants' certification decisions.  Plaintiffs bring this complaint to enjoin or postpone the effective date of the Final Rule, currently October 23, 2013, until these defects are cured."