Plain Error Found in Detention of Cuban Contrary to Supreme Court Precedent

Morales-Fernandez v. INS, 2005 WL 1871118 (8/9/05) - In joining a circuit split on the issue, the 10th holds that the failure to object to a magistrate's proposed findings does not waive the right to appeal where plain error has been committed. The 10th implied this same standard would apply to appeal waivers. Plain error was committed because the d.ct. upheld detention of a Cuban when clear S.Ct. precedent required his release. See Clark v. Martinez, 125 S.Ct. 716 (2005)("Once removal is no longer reasonably foreseeable [because Cuba will not accept the return of the alien] [presumptively 6 months] continued detention is no longer authorized.").