crimmigration.com

The intersection of criminal law and immigration law

Archive

After regularly updating crimmigration.com from January 2009 until November 2022, I have stopped doing so. I hope you continue to benefit from the blog as an archive. For up-to-date information about my work, visit ccgarciahernandez.com. – César

  • Home
  • About César
  • Articles
  • Books
  • Talks & Media

5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t grounds for sanctions

The U.S. Court of Appeals for the Fifth Circuit upheld the use of a sealed pre-sentence investigation report (PSR) in removal proceedings and held that DHS trial attorneys should not be cited for criminal contempt as a result of submitting the PSR to an immigration judge without first receiving permission from the criminal court. United States v. Iqbal, No. 10-51200, slip op. (5th Cir. June 14, 2012) (Jones, Owen, and Higginson). Judge Jones wrote the panel’s decision.

This case involved an individual convicted of structuring financial transactions to evade federal reporting requirements and charged with being removable on the basis that he immigrated to the USA to engage in unlawful commercialized vice—namely, an illegal gambling operation. Iqbal, No. 10-51200, slip op. at 1-2. A DHS trial attorney introduced the PSR produced by the federal district court “to demonstrate that Iqbal immigrated to the U.S. to assist in [his brother] Tariq’s gambling operations notwithstanding the district court’s contrary finding.” Iqbal, No. 10-51200, slip op. at 2.

Iqbal objected to the PSR’s use without permission from the district court, the IJ agreed, and the district court later released a redacted version of the PSR for use in the removal proceedings. Iqbal, No. 10-51200, slip op. at 2. Iqbal also requested criminal contempt sanctions against the DHS attorneys for releasing the sealed PSR to the IJ without first receiving permission from the district court, but the district court refused to impose sanctions. Iqbal, No. 10-51200, slip op. at 3. Iqbal appealed the district court’s decision to release portions of the PSR and refusal to impose sanctions.

The Fifth Circuit disagreed with Iqbal on both issues. First, it concluded that release of the redacted PSR was permissible under the three-part framework articulated in United States v. Huckaby, 43 F.3d 135, 139 (5th Cir. 1995). Though not directly on point, “Huckaby supplies a reasonable framework for analyzing PSR releases to immigration authorities,” the court announced. Iqbal, No. 10-51200, slip op. at 5.

In Huckaby, the Fifth Circuit explained that PSRs are typically kept confidential because the defendant has a strong privacy interest in the broad range of information that they contain; because PSRs often rely on confidential sources so regularly breaching the guarantee of secrecy would make it difficult for the government to gather important confidential information in the future; and because regular release could “stifle or discourage” defendants and third parties from providing courts with the information contained in PSRs that’s necessary to reach a just sentence. Iqbal, No. 10-51200, slip op. at 4-5. All of these considerations, however, can be outweighed “when the moving party can show a “‘compelling, particularized need for disclosure’ to meet the ends of justice.” Iqbal, No. 10-51200, slip op. at 5 (quoting Huckaby, 43 F.3d at 138).

None of the reasons supporting confidentiality are particularly strong in Iqbal’s case, the Fifth Circuit concluded. There was no suggestion that confidential sources or other government access to information might be compromised by disclosure to the IJ. Furthermore, there is little risk that disclosure would impinge the government’s ability to gather information needed for a just sentence because the district court allowed only a limited disclosure for immigration purposes. Iqbal, No. 10-51200, slip op. at 5.

The court also concluded that Iqbal’s privacy interest was not unfairly risked because the key factor for which DHS sought to use the PSR was already a matter of public record: the sentencing judge clearly noted that Iqbal had no knowledge of his brother’s illegal gambling activities prior to entering the USA and that Iqbal properly objected to statements to the contrary contained in the PSR. Iqbal, No. 10-51200, slip op. at 6-7.

Use of the PSR in removal proceedings, therefore, was proper. As a result, PSRs are likely to continue to play an important role in removal proceedings that depend on information contained outside the statute of conviction. Contesting the facts recounted in the PSR with an eye for their impact on immigration status is destined to become ever more important—in the Fifth Circuit at least—after this decision. The need for zealous criminal defense attorneys to have a keen understanding of immigration law becomes even more important.

As a final note, the court concluded that there was no merit to Iqbal’s request for sanctions against DHS attorneys. Despite introducing a sealed PSR in removal proceedings, they “did not behave contumaciously” in doing so. Iqbal, No. 10-51200, slip op. at 8. That is, they did not willfully or stubbornly disregard a clear court order. The court reached this conclusion largely because the PSR contained a common statement that “‘re-disclosure…is authorized by the United States District Court solely to assist administering the offender’s prison sentence…and other limited purposes, including deportation proceedings.’” Iqbal, No. 10-51200, slip op. at 7.

Interestingly enough, the court doesn’t address whether the DHS attorneys recklessly disregarded the court order sealing the PSR even though criminal contempt occurs if a reasonably specific court order is violated with a willful, contumacious, or reckless state of mind. Iqbal, No. 10-51200, slip op. at 7. Moreover, because this case involves removal proceedings, the court had no need to consider what else might come within the “other limited purposes” language. Is this a situation where the exception threatens to swallow the rule?

 

  • Share via Facebook
  • Share via LinkedIn
  • Share via Twitter
  • Share via Email

Share this:

  • Twitter
  • Facebook

Posted by César on September 18, 2012 on 9:00 am 66 Comments
Filed Under: 5th Circuit Court of Appeals, record of conviction

Comments

  1. Patty Corrales says

    October 15, 2012 at 6:47 am

    I totally disagree with the Fifth Circuit Court’s analysis and decision in this case. The very nature of a sealed court document is to protect the contents of the information within the document from disclosure without first seeking permission from the court to do so. There a several reasons why a document is sealed. However, primarily a document is sealed because the information contained therein involves proferrs that a defendant may have given to the Government, as a result of a cooperation agreement. To release a sealed document could possibly put a defendant at risk for retribution. If a defendant is incarcerated or detained and news came out that the sealed documents that now have been released contain information that a defendant “snitched” on some of his “friends,” well that defendant is no longer safe.

    Reply
  2. free pokies games no download srwm says

    November 1, 2012 at 11:56 pm

    freepokies.proboards.com

    freepokies.proboards.com

    Reply
  3. slot machine gratis italy ojlj says

    November 3, 2012 at 5:12 am

    slotmachinedabar.altervista.org

    slotmachinedabar.altervista.org

    Reply
  4. オンラインカジノ says

    November 4, 2012 at 11:59 am

    オンラインカジノ

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t grounds for sanctions

    Reply
  5. オンラインカジノ says

    December 29, 2012 at 12:05 pm

    オンラインカジノ

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t grounds for sanctions

    Reply
  6. http://www.paydayday.co.uk/ says

    January 12, 2013 at 11:50 pm

    http://www.paydayday.co.uk/

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t grounds for sanctions

    Reply
  7. kasyno online gry says

    January 21, 2013 at 3:44 am

    kasyno online gry

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t grounds for sanctions

    Reply
  8. online casino says

    February 12, 2013 at 5:36 pm

    online casino

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t grounds for sanctions

    Reply
  9. オンラインカジノ says

    February 15, 2013 at 4:35 pm

    オンラインカジノ

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t grounds for sanctions

    Reply
  10. online casino says

    April 26, 2013 at 3:39 am

    online casino

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t grounds for sanctions

    Reply
  11. car insurance in georgia says

    May 12, 2013 at 12:42 am

    car insurance in georgia

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  12. Baltimore Internet Marketing says

    May 12, 2013 at 1:06 am

    http://www.linkedin.com/pub/greg-dash/5b/390/697

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  13. http://www.supreme.courts.state.tx.us/ebriefs/07/07028415.pdf says

    May 12, 2013 at 1:28 am

    bernard william donald barton

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  14. how to get your ex girlfriend back says

    May 12, 2013 at 2:54 am

    how to get your ex back in a week

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  15. electronic cigarette says

    May 12, 2013 at 3:00 am

    electronic cigarette

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  16. credit card debt consolidation says

    May 12, 2013 at 3:50 am

    credit consolidation loans

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  17. auto insurance quotes says

    May 12, 2013 at 4:22 am

    car insurance kansas

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  18. electronic cigarette use says

    May 12, 2013 at 4:38 am

    electronic cigarettes

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  19. credit card debt consolidation says

    May 12, 2013 at 4:38 am

    credit consolidation halifax

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  20. wedding photographers San Diego says

    May 12, 2013 at 5:04 am

    wedding photographer bay area

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  21. cheap car insurance says

    May 12, 2013 at 6:01 am

    cheap car insurance

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  22. Reverse Phone Number Lookup says

    May 12, 2013 at 6:12 am

    http://www.revdir.com

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  23. cheapest car insurance says

    May 12, 2013 at 6:13 am

    car insurance rates by state

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  24. Phentermine 37.5 says

    May 12, 2013 at 6:25 am

    phentermine vs phentramine

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  25. no contact rule says

    May 12, 2013 at 7:24 am

    how to get your ex boyfriend back

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  26. how to get your ex back says

    May 12, 2013 at 7:36 am

    no contact rule

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  27. testerone says

    May 12, 2013 at 7:44 am

    testosterone booster

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  28. low testosterone medicine says

    May 12, 2013 at 8:03 am

    low testosterone injections

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  29. wedding photographer chicago says

    May 12, 2013 at 8:33 am

    San Diego wedding photography

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  30. testosterone booster says

    May 12, 2013 at 9:02 am

    low t tribulus

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  31. donald bernard uxbridge ma says

    May 12, 2013 at 9:23 am

    donald bernard giello

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  32. ecig says

    May 12, 2013 at 9:57 am

    ecig

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  33. garcinia extract says

    May 15, 2013 at 10:24 am

    garcinia fusion

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  34. garcinia pure says

    May 15, 2013 at 10:41 am

    garcinia weight loss

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  35. best electronic cigarette says

    May 15, 2013 at 10:53 am

    http://cigaretts.webs.com

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  36. http://buyprovigil.webs.com says

    May 15, 2013 at 10:56 am

    http://buyprovigil.webs.com

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  37. http://modafinilaustralia.webs.com says

    May 15, 2013 at 10:56 am

    buy modafinil in australia online

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  38. board games says

    May 15, 2013 at 11:07 am

    christmas board game

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  39. escort london says

    May 15, 2013 at 11:12 am

    london escorts

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  40. http://thevapechief.info says

    May 15, 2013 at 11:43 am

    vaporizer gun

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  41. http://lifelockpromocode.webs.com says

    May 15, 2013 at 12:13 pm

    lifelock promotion code

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  42. lifelock promo says

    May 15, 2013 at 12:14 pm

    lifelock promo

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  43. lifelock promo says

    May 15, 2013 at 12:18 pm

    lifelock hilary schneider

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  44. where to buy electronic cigarettes says

    May 15, 2013 at 12:52 pm

    electronic cigarettes unhealthy

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  45. http://www.databytez.com/ says

    May 15, 2013 at 1:03 pm

    best electronic cigarette

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  46. garcinia livingstonei says

    May 15, 2013 at 1:10 pm

    garcinia cambogia

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  47. provigil generic cost walmart says

    May 15, 2013 at 1:19 pm

    provigil

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  48. college network reviews says

    May 17, 2013 at 5:21 pm

    college network programs

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  49. payday loan says

    May 18, 2013 at 5:16 pm

    payday loans

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  50. phentermine jackson ms says

    May 18, 2013 at 6:16 pm

    phentermine interactions

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  51. cialis generico says

    May 18, 2013 at 6:47 pm

    cialis generico

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t

    Reply
  52. Oakley Sunglasses sale says

    July 9, 2013 at 3:20 am

    Oakley Sunglasses sale

    What’s up to all, the contents present at this web site are actually remarkable for people experience, well, keep up the good work fellows.

    Reply
  53. Sacs Louis Vuitton says

    July 10, 2013 at 3:31 am

    Sacs Louis Vuitton

    The different shapes of these louis vuitton key rings outlet chairs include the teardrop, sack, armchair and cylinder shape.

    Reply
  54. Cheap Oakley Oil Rig says

    July 11, 2013 at 12:14 pm

    Cheap Oakley Oil Rig

    Hello friends, I am for a second time here, and reading this piece of writing related to Web optimization, its also a fastidious paragraph, so keep it up.

    Reply
  55. longchamp pliage,Sac Longchamp Pliage 1623 ,longchamps sac à main says

    July 12, 2013 at 12:52 pm

    longchamp pliage,Sac Longchamp Pliage 1623 ,longchamps sac à main

    What’s up dear, are you enjoying with this comical YouTube video? Hmmm, that good, I am as well watching this YouTube humorous video at the moment.

    Reply
  56. Oakley Sunglasses Sale says

    July 12, 2013 at 3:06 pm

    Oakley Sunglasses Sale

    I visited many web pages except the audio quality for audio songs existing at this website is genuinely excellent.

    Reply
  57. Sac Longchamp pas cher says

    July 19, 2013 at 1:59 pm

    Sac Longchamp pas cher

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t grounds for sanctions

    Reply
  58. cheap Oakley Eyepatch says

    July 21, 2013 at 10:39 pm

    cheap Oakley Eyepatch

    My chief is also eager of YouTube humorous videos, he also watch these even in workplace hehehe..

    Reply
  59. Cheap Oakley Urgency says

    July 29, 2013 at 4:51 am

    Cheap Oakley Urgency

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t grounds for sanctions

    Reply
  60. Fake Ray Bans says

    July 30, 2013 at 10:11 am

    Fake Ray Bans

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t grounds for sanctions

    Reply
  61. Fak Oakley Sunglasses says

    August 5, 2013 at 5:15 am

    Fak Oakley Sunglasses

    If you are free to watch humorous videos online then I suggest you to go to see this website, it includes truly therefore comic not only video clips but also additional material.

    Reply
  62. ugg on sale says

    December 26, 2013 at 12:59 pm

    ugg on sale

    order uggs online to canada

    Reply
  63. http://pandoraprice.blogdrive.com/ says

    March 3, 2014 at 2:12 pm

    http://pandoraprice.blogdrive.com/

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t grounds for sanctions

    Reply
  64. r4 officiel says

    March 8, 2014 at 9:05 pm

    r4 officiel

    I will bookmark your site and examine once again right here frequently. I am really confident I will understand heaps of new stuff appropriate listed here! Great luck for the next!

    Reply
  65. carte r4 3ds says

    March 12, 2014 at 10:54 pm

    carte r4 3ds

    Agent X had gotten to us on a personal stage. She experienced the X factor: The capability to get individuals caught up.

    Reply
  66. nqbybol says

    April 4, 2014 at 5:47 am

    nqbybol

    crImmigration.com: 5 Cir: Sealed pre-sentence report may be used in removal proceedings; use isn’t grounds for sanctions

    Reply

Leave a Reply to testosterone booster Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Subscribe


Recent Posts

  • Pelosi attacker reportedly Canadian overstayer
  • Biden marijuana pardon meets immigration law & fizzles
  • California private prison ban is illegal, 9th Circuit says
  • Citizenship is complicated
  • Supreme Court says Biden can end MPP
  • Uvalde massacre & immigration law aid

Search

Social Media

Blawg 100 Honoree

The information contained on these pages must not be considered legal advice and does not create an attorney-client relationship. This work by www.crImmigration.com is licensed under a Creative Commons Attribution 4.0 International License.