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Utah v. Strieff and the Exclusionary Rule’s Future in Immigration Court – Part II

By Katie Tinto The availability of the exclusionary rule as a remedy for unconstitutional police conduct was recently further restricted by the Supreme Court in Utah v. Strieff, ___ S. Ct. ___, No. 14-1373 (June 20, 2016). In a prior blog post, I warned of the potential of Strieff to seriously limit the availability of the suppression remedy in immigration court. Although the exclusionary rule in immigration court may not be directly impacted, the decision will likely have a detrimental effect on our immigrant communities and the manner in which they are policed. To quickly summarize the [...]

Posted by César on August 9, 2016 on 4:00 am Leave a Comment
Filed Under: 4th Amendment, guest blogger, motion to suppress, U.S. Supreme Court, Utah state court

Reviewing Mathis v. United States

By Kelley Keefer and Linus Chan Justice Alito’s woeful tale of a misguided European driver in his dissenting opinion of Mathis v. United States is presented as a criticism to the Supreme Court’s categorical approach jurisprudence. No. 15-6092, slip op. dissent at 1 (J. Alito dissenting) (U.S. Sup. Ct., June 23, 2016).  And while one (and the majority) may disagree as to whether Taylor v. United States, 495 U.S. 575 (1990), really was a wrong turn, the 26 years since the publication of Taylor has nonetheless proven to be an interesting journey.  Mathis provides the latest attempt by the [...]

Posted by César on July 6, 2016 on 4:00 am 2 Comments
Filed Under: categorical approach, guest blogger, record of conviction, U.S. Supreme Court

GAO Report Reveals Troubling Inconsistencies and Issues Regarding Immigration Detention Medical Care

By: Thamys Gaertner BACKGROUND The United States Government Office Accountability Office (GAO) issued a report in February 2016 analyzing the disturbing costs and problems of the current on-site and off-site medical care in immigration detention facilities across the United States. U.S. Gov’t Accountability Office, GAO-16-231, Immigration Detention: Additional Actions Needed to Strengthen Management and Oversight of Detainee Medical Care (2016). During 2015, ICE held about 28,000 detainees per day in over 165 facilities. Id. at 6. In line with what has previously been reported on [...]

Posted by César on May 5, 2016 on 4:00 am Leave a Comment
Filed Under: guest blogger, imprisonment, public health

Following Trend, Fifth Circuit Holds Definition of Crime of Violence Unconstitutionally Vague

By Sarah Flinn Agreeing with both the Seventh and Ninth Circuits, the U.S. Court of Appeals for the Fifth Circuit concluded that the definition of crime of violence in 18 U.S.C. § 16(b) is unconstitutionally vague. United States v. Gonzalez-Longoria, No. 15-40041, 2016 WL 537612, at *1 (5th Cir. February 10, 2016). Mr. Gonzalez-Longoria was convicted and sentenced for being illegally present in the United States in violation of Immigration and Nationality Act (INA) § 276. Id. During sentencing, the trial court determined that Mr. Gonzalez-Longoria’s prior Texas felony conviction was an [...]

Posted by César on April 5, 2016 on 4:00 am 1 Comment
Filed Under: 5th Amendment, 5th Circuit Court of Appeals, ACCA, aggravated felony, crime of violence, Due Process Clause, guest blogger

BIA: CHILD ENDANGERMENT OFFENSE IS CHILD ABUSE UNDER § 237(a)(2)(E)(i)

By: Thamys Gaertner In a decision issued on February 9, 2016, the Board of Immigration Appeals (BIA) concluded that a crime of endangering the welfare of a child is categorically a removable offense under § 237(a)(2)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(i) (2012). Henry Javier Mendoza Osorio is a native of Ecuador and a United States lawful permanent resident. Matter of Mendoza Osorio, 26 I&N Dec. 703 (BIA 2016). Mr. Mendoza Osorio was convicted of endangering the welfare of a child under § 260.10(1) of the New York Penal Law. Id. Consequently, DHS [...]

Posted by César on March 31, 2016 on 4:00 am Leave a Comment
Filed Under: Board of Immigration Appeals, child abuse, guest blogger

Utah v. Strieff and the Exclusionary Rule’s Future in Immigration Court

By Katie Tinto Immigration scholars and practitioners should pay close attention to the outcome of Utah v. Strieff, a Fourth Amendment case argued before the U.S. Supreme Court two weeks ago. 357 P.3d 532 (Utah 2015), cert. granted, 136 S. Ct. 27 (U.S. Oct. 1, 2015) (No. 14-1373). In this case, the police detained Mr. Strieff without reasonable suspicion, and then, after obtaining his identification, ran a routine warrant check on his name and discovered an outstanding arrest warrant for a traffic violation. During the search incident to arrest on the traffic warrant, the officer found [...]

Posted by César on March 10, 2016 on 4:00 am Leave a Comment
Filed Under: 4th Amendment, guest blogger, motion to suppress, U.S. Supreme Court, Utah state court

WI Supreme Court Adopts Realistic Plea Withdrawal Standard for Migrants Facing Inadmissibility Based on Criminal Conviction

By: Sarah Flinn The Wisconsin Supreme Court recently held that a migrant defendant is permitted to withdraw a guilty plea if she is able to show that the judge presiding over the plea hearing failed to notify her of “likely” adverse immigration consequences of conviction, as required by state statute, and that the guilty plea is now “likely” to result in adverse immigration consequences. State v. Valadez, Nos. 2014AP678, 2014AP679, 2014AP680, 2016 WL 325524, at *2, *6 (Wis. Jan. 28, 2016). In contrast to previous Wisconsin caselaw regarding the burden of proof required to show “likely” [...]

Posted by César on March 1, 2016 on 4:00 am Leave a Comment
Filed Under: admission, Due Process Clause, guest blogger, state court, Wisconsin state court

Fifth Circuit Finds that Despite Ambiguity in Record of Conviction, Burden Rests on Alien to Prove Conviction is not Related to a Controlled Substance

By Alex Sheppard Last month the Fifth Circuit Court of Appeals released a decision on (1) whether the alien or the government bears the burden of proof in determining whether grounds for mandatory denial of an alien’s application for relief do not apply when the alien has demonstrated ambiguity in the record of conviction; (2) whether that burden was met; and (3) the effect of a Canadian pardon for the conviction in question. Le v. Lynch, No. 13-60664, slip op. (5th Cir. Jan. 6, 2016). The Fifth Circuit ruled that despite ambiguity in the record, the alien bears the burden of proof; that [...]

Posted by César on February 25, 2016 on 6:15 am 1 Comment
Filed Under: 5th Circuit Court of Appeals, adjustment of status, burden, guest blogger, record of conviction

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César’s Recent Media

April 18: Quoted talking about ICE's efforts to conceal contents of training manuals used by its largest division, Homeland Security Investigations Read article here]

April 12: Discussed legal limits on deploying troops inside United States and the memory of Esequiel Hernández, Jr., teen shot by Marines in 1997 [Read article here (in Spanish)]

April 12: Quoted in article about brewing Fourth Amendment battle that develops when ICE arrests people inside homes [Read article here]

April 3: Quoted in Univision Noticias article about Trump's plans to deploy National Guard to border [Read article here (in Spanish)]

April 1: Quoted in article about Coloradans affected by Trump administration's decision to end TPS protections for citizens of some countries [Read article here]

March 29: Quoted in article about Fourth Amendment and ICE attempts to enter homes [Read article here]

March 16: Quoted discussing shifts between Obama and Trump administration immigration policing practices [Listen here]

March 8: Quoted discussing Justice Department lawsuit against California over its migrant-friendly policies [Read article here | Lea en español]

February 5: Quoted in article about Indiana death in drunk driving incident allegedly caused by unauthorized migrant [Read article here]

January 31: I'm quoted in San Francisco Chronicle about ICE's policy of arresting people in and near courthouses [Read article here]

January 18: I talked to CityLab about symbolic value of ICE raids on 7-11 stores [Read article here]

January 8: I'm quoted in Governing talking about ICE head's threats to imprison elected officials who support policies limiting cooperation with ICE [Read article here]

January 5: I'm quoted in article about San Antonio Police Department decision to prosecute alleged migrant smuggler under state law rather than hand over to ICE for federal prosecution [Read article here]

January 3: Quoted in article about ICE chief's threats to imprison elected officials who support migrant-friendly policies [Read article here]

2018

December 30: I'm quoted in The Atlantic discussing the special impact crimmigration policies have on black migrants [Read article here]

December 28: My crimmigration.com article about immigration prison population trends since 1990s makes Prison Policy Institute's "favorite criminal justice research of 2017" [Read PPI's list here]

December 22: Quoted in ThinkProgress article about legally dubious immigration detainer practices [Read article here]

December 20: Interviewed in Philadelphia NPR affiliate WHYY story about ICE arrests in area courthouses [Listen to story here]

December 12: My three-part white paper series on immigration detention published by Latino Community Foundation of Colorado [Read articles on adults, children and families, and vulnerable populations]

Learn more about César's media appearances here

Recent Posts

  • Legal limits on military deployment along US border
  • ICE transitioned from Obama to Trump with record high daily detention population
  • ICE detention population closed Obama era at record daily high
  • Immigration budget bill summary
  • Supreme Court to hear another immigration imprisonment case
  • Jennings v. Rodriguez highlights need for detention time limits

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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.