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Massachusetts top court deals detainers another blow

In another loss for federal immigration officials, the highest court in Massachusetts decided yesterday that it is illegal under state law to hold someone on an immigration detainer. Lunn v. Commonwealth, No. SJC-12276, slip op. (Mass. July 24, 2017). This case involved a man who was held in a courthouse holding cell after the judge overseeing a criminal prosecution against him dismissed the case. [Disclosure: I was one of many immigration law scholars to sign a brief authored by my colleague Christopher Lasch submitted on behalf of Mr. Lunn.] The state’s Supreme Judicial Court easily [...]

Posted by César on July 25, 2017 on 4:00 am Leave a Comment
Filed Under: bond, detainer, imprisonment, local immigration policing, Massachusetts state court, state court

Mass. Expands “Reasonable Inquiry” for Criminal Defense Counsel

By Thamys Gaertner In October 2015, the Supreme Judicial Court of Massachusetts expanded on the duty of criminal defense attorneys’ to reasonably inquire into clients’ immigration status in cases involving refugees or asylees. Pavel Lavrinenko immigrated to the United States with his family as a refugee in 2000. Commonwealth v. Lavrinenko, 38 N.E.3d 278, 282-83 (Mass. 2015). The family fled Russia to escape religious persecution by the Russian government. Id. On April 10, 2005, Mr. Lavrinenko crashed into a lamp post while driving intoxicated, leading officers to a foot pursuit into a [...]

Posted by César on February 9, 2016 on 4:00 am Leave a Comment
Filed Under: guest blogger, Massachusetts state court, Padilla v. Kentucky, post-conviction relief, right to counsel, state court

Mass. High Court Breathes New Life into Padilla in Commonwealth v. Sylvain

By Christopher N. Lasch In an important decision last week the Massachusetts Supreme Judicial Court (SJC) confirmed it will continue to part ways with the United States Supreme Court over the retroactive application of the Supreme Court’s 2010 decision in Padilla v. Kentucky, 559 U.S. 356, requiring effective crimmigration counsel. In February, the U.S. Supreme Court issued Chaidez v. United States, 133 S. Ct. 1103 (2013), holding Padilla is not to be applied retroactively. Chaidez (summarized here in February) was a disappointment on any number of levels, as was discussed extensively on [...]

Posted by César on September 16, 2013 on 9:00 am 4 Comments
Filed Under: Chaidez, guest blogger, Massachusetts state court, Padilla v. Kentucky, post-conviction relief, right to counsel, state court

Mass SJC: Padilla retroactive to April 1, 1997; failed to show prejudice

The Massachusetts Supreme Judicial Court, the state’s highest court, held that Padilla v. Kentucky, 130 S.Ct. 1473 (2010), in which the U.S. Supreme Court held that criminal defense attorneys must advise their noncitizen clients about the deportation consequences of a plea, applies retroactively to convictions that became final on or after April 1, 1997. Comm. v. Clarke, No. SJC-10888, slip op. (Mass. June 17, 2011) (Ireland, Spina, Cordy, Botsford, Gants, and Duffly, J.). Justice Cordy wrote the court’s unanimous opinion. (Court docket with briefs is available.) This case involves an [...]

Posted by César on July 7, 2011 on 9:00 am 3 Comments
Filed Under: Massachusetts state court, Padilla v. Kentucky, post-conviction relief, right to counsel, state court

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