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Related to detainer: Unlawful detainer


The act (or the juridical fact) of withholding from a lawfully entitled person the possession of land or goods, or the restraint of a person's personal liberty against his or her will; detention. The wrongful keeping of a person's goods is called an Unlawful Detainer although the original taking may have been lawful.

A request filed by a criminal justice agency with the institution in which a prisoner is incarcerated asking the institution either to hold the prisoner for the agency or to notify the agency when release of the prisoner is imminent.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


the wrongful withholding of the property of another person; the detention of a person in custody or a writ authorizing the further detention of a person already in custody.
Collins Dictionary of Law © W.J. Stewart, 2006

DETAINER. 1. The act of keeping a person against his will, or of keeping goods or property. All illegal detainers of the person amount to false imprisonment, and may be remedied by habeas corpus.
     2.-2. A detainer or detention of goods is either lawful or unlawful; when lawful, the party having possession of them cannot be deprived of it. The detention may be unlawful, although the original taking was lawful; as when goods were distrained for rent, and the rent was afterwards paid; or when they 'Were pledged, and the money borrowed, and interest were afterwards paid; in these, and the like cases, the owner should make a demand, (q.v.) and if the possessor refuse to restore them, trover, detinue, or replevin will lie, at the option of the plaintiff.
     3.-3. There may also be a detainer of land and this is either lawful and peaceable, or unlawful and forcible. 1. The detainer is lawful where the entry has been lawful, and the estate is held by virtue of some right. 2. It is unlawful and forcible, where the entry has been unlawful, and with force, and it is retained, by force, against right; or even when the entry has been peaceable and lawful, if the detainer be by force, and against right; as, if a tenant at will should detain with force, after the will has determined, he will be guilty of a forcible detainer. Hawk. P. C. ch. 64, s. 22; 2 Chit. Pr. 288; Com. Dig, B. 2; 8 Cowen, 216; 1 Hall, 240; 4 John. 198; 4 Bibb, 501. A forcible detainer is a distinct offence from a forcible entry. 8 Cowen, 216. See Forcible entry and detainer.
     4.-4. A writ or instrument, issued or made by a competent officer, authorizing the keeper of a prison to keep in his custody a person therein named. A detainer may be lodged against. one within the walls of a prison, on what account soever he is there. Com. Dig. Process, E 3 b.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
ICE placed a detainer on him the following day, and he was released from jail one day later, on May 17."
After learning of the Medina-Perez's arrest, ICE issued a federal immigration detainer and warrant of removal, stating that Medina-Perez was subject to removal from the United States.
A: An action for unlawful detainer exists when a person unlawfully withholds possession of any land or building against or from a lessor, vendor, vendee or other persons, after the expiration or termination of the right to hold possession, by virtue of any contract, express or implied.
Ononuju's complaint in this court sought damages for breaches of contract and fiduciary duties arising from the "emotional trauma associated with the outcome of the unlawful detainer hearing," which Ononuju says caused him to misplace personal property at the courthouse.
The ACLU of Maryland, CASA and other advocates sent the department a letter in December demanding it rescind a policy, put in place in August, requiring the detention of individuals subject to immigration detainers after they were otherwise eligible for release.
Ruvira-Garcia, despite being free on bail, was placed on an immigration detainer by Immigration and Customs Enforcement.
were dropped, ICE issued a detainer request to SFSD requesting
In 2014, the ACLU-MNnotified all county sheriffs that when they hold a prisoner on the basis of ICE detainer requests, they are making a new arrest, without legal authority.
He was convicted of DWI in 2014.<br />ICE, which was notified of Aguilar-Castellanos' arrest in September 2017, says the Orange County Sheriff's Office refused to honor an immigration detainer the agency filed at that time.
20 and May 4, 2017 - three days before SB 4 was signed into law - the number of people transferred into ICE custody from county jails was 60 percent higher in Harris County than during the same period in 2016, and there was no record of local officials there declining detainer requests during that time frame.
This year's obstacles include: The Log Jam, the Low Wall, Barrel of Laughs, Tyre Mire, Container Detainer, The Big Squeeze, Leaning Wall, ZZ Hop, Netfix, Killa G'rilla, Walk of Rain, Sidewalk Shuffle, Sandbagger Hill 1, Rolling Thunder, Splashdown, Updown Updown, Sandbagger's Hill 2, Mudder's Delight, Zig Zag, and Bladder Ladder.