crimmigration.com

The intersection of criminal law and immigration law

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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

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Immigration detainer workshop

Immigration detainers are a key feature of current-day crimmigration law enforcement. They enable ICE to identify and apprehend potentially removable individuals who come into contact with local law enforcement agencies across the United States. In recent years, ICE has used detainers quite vigorously. From October 2011 to August 2013, the agency issued 436,478 detainers. Immigration detainers essentially ask local law enforcement agencies such as sheriffs’ offices to hold a potentially removable migrant for up to 48 hours after the end of the criminal matter. For example, 48 hours after a [...]

Posted by César on May 29, 2014 on 9:00 am Leave a Comment
Filed Under: 3d Circuit Court of Appeals, 4th Amendment, detainer, imprisonment, U.S. District Courts

SCOTUS takes two criminal cases with potential crimmigration impact

Last week the U.S. Supreme Court agreed to hear two cases with possible crimmigration law implications. Attesting to immigration law’s broad intersection with criminal procedure and criminal law, the first case concerns criminal procedure while the second concerns criminal law. Fourth Amendment: Heien v. North Carolina The first case, Heien v. North Carolina, No. 13-604, asks the Court to consider whether a police officer’s mistaken understanding of criminal law can provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop. The police officer pulled [...]

Posted by César on April 29, 2014 on 9:00 am Leave a Comment
Filed Under: 4th Amendment, 8th Circuit Court of Appeals, aggravated felony, crime of violence, motion to suppress, U.S. Supreme Court

Oregon federal court: Detainer led to Fourth Amendment violation

A federal magistrate judge in Oregon concluded that county officials violated a woman’s Fourth Amendment rights when they kept her in custody solely on the basis of an immigration detainer. Miranda-Olivares v. Clackamas County, No. 3:12-cv-02317-ST, slip op. (D. Or. April 11, 2014) (Stewart, Magistrate Judge). This case involved a woman who was arrested for violating a restraining order. Though county jail officials did not ask her about her immigration status, they somehow learned that she was born outside the United States. Pursuant to a jail policy, they then notified ICE. The next [...]

Posted by César on April 17, 2014 on 9:00 am 10 Comments
Filed Under: 4th Amendment, detainer, Due Process Clause, false imprisonment, imprisonment, local immigration policing, U.S. District Courts

3 Cir: Exclusionary rules applies in removal proceedings

In an impressively articulated and groundbreaking decision, the U.S. Court of Appeals for the Third Circuit held that the exclusionary rule can apply in removal proceedings when ICE agents engage in egregious or widespread constitutional violations. Oliva-Ramos v. Attorney General, No. 10-3849, slip op. (3d Cir. Nov. 16, 2011) (McKee, Rendell, and Ambro, JJ.). Judge McKee wrote the panel’s decision. The events that led up to this case being litigated read like a nightmare. At 4:30 in the morning armed ICE agents appeared at the apartment that Oliva-Ramos shared with his three sisters, nephew, [...]

Posted by César on October 2, 2012 on 9:00 am 13 Comments
Filed Under: 3d Circuit Court of Appeals, 4th Amendment, motion to suppress

4 Cir: Calling ICE during routine traffic stop doesn’t violate 4th Amendment

The U.S. Court of Appeals for the Fourth Circuit determined that no unconstitutional seizure occurred where a local police officer took time to call ICE to verify the authenticity of a permanent residence card during an otherwise routine traffic stop. United States v. Guijon-Ortiz, No. 10-4518, slip op. (4th Cir. Nov. 10 2011) (Gregory, Davis, and Keith, JJ.). Judge Davis wrote panel’s opinion. This case involved a stop by a West Virginia sheriff’s deputy of a pickup truck traveling at 66 miles per hour in a 65 mile per hour zone. After trailing the truck for some undisclosed time, [...]

Posted by César on April 12, 2012 on 9:00 am 9 Comments
Filed Under: 4th Amendment, 4th Circuit Court of Appeals, local immigration policing

8 Cir: Warrantless arrest isn’t egregious 4th Amend violation meriting suppression

The U.S. Court of Appeals for the Eighth Circuit rejected a non-citizen’s attempt to exclude evidence of his identity obtained after a warrantless arrest. Garcia-Torres v. Holder, No. 10-2307, slip op. (8th Cir. 2011) (Loken, Colloton, and Nelson, JJ.). District Judge Nelson, sitting by designation on the Eighth Circuit, wrote the panel’s opinion. This case involved an entrant without inspection who was present at a Missouri restaurant that local police officers “acting on a tip that alcohol was being consumed in violation of a local ordinance” entered without a warrant. Garcia-Torres, No. [...]

Posted by César on January 31, 2012 on 9:00 am 19 Comments
Filed Under: 4th Amendment, 8th Circuit Court of Appeals, local immigration policing, motion to suppress

3 Cir: Probable cause needed to consider returning LPR as seeking admission; aiding & abetting wire fraud is aggravated felony

The U.S. Court of Appeals for the Third Circuit held that an immigration officer must have probable cause to believe that an LPR returning to the United States from a trip abroad has committed an offense listed in INA § 212(a)(2) to determine that the LPR is seeking admission. John Doe v. Attorney General, No. 10-2272, slip op. (3d Cir. Sept. 8, 2011) (Rendell, Smith, and Fisher, JJ.). Judge Smith wrote a majority opinion joined by Judge Fisher. Judge Rendell wrote separately concurring in part and dissenting in part. This case involved an LPR who was paroled into the United States upon [...]

Posted by César on November 29, 2011 on 1:19 pm 1 Comment
Filed Under: 3d Circuit Court of Appeals, 4th Amendment, aggravated felony, fraud or deceit

5 Cir: Right to bear arms doesn’t apply to undocumented; 1st, 4th Amend protections might not apply either

A divided panel of the U.S. Court of Appeals for the Fifth Circuit held that the Second Amendment to the U.S. Constitution does not apply to undocumented individuals. United States v. Portillo-Muñoz, No. 11-10086, slip op. (5th Cir. June 13, 2011) (Garwood, Garza, and Dennis, J.). Judge Garwood wrote the majority opinion joined fully by Judge Garza. Judge Dennis wrote a separate opinion concurring in part, but dissenting on the majority’s main points. This case involved an individual who admitted to entering the United States without inspection. He lived in Texas for approximately 18 months [...]

Posted by César on July 14, 2011 on 9:01 am 1 Comment
Filed Under: 1st Amendment, 2nd Amendment, 4th Amendment, 5th Amendment, 5th Circuit Court of Appeals, Due Process Clause, firearms offense

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