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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

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

Utah Supreme Court: When all else fails, civil procedure can remedy ineffective assistance of counsel

By Sarah Flinn Sergio Meza filed an action under Utah state law for ineffective assistance of counsel after learning of the immigration consequences for his no contest plea to two drug charges pursuant to a plea in abeyance agreement. Meza v. State, 2015 WL 4878268, at *1 (Utah Aug. 14, 2015). Mr. Meza asserted that he had a right to relief under the Post-Conviction Remedies Act of Utah (PCRA) due to the ineffective assistance of counsel, namely, the failure of his attorney to advise him of the immigration consequences of his plea. Id. The Supreme Court of Utah ultimately concluded that Mr. [...]

Posted by César on October 13, 2015 on 4:00 am 1 Comment
Filed Under: conviction, Crimmigration Law book, guest blogger, Padilla v. Kentucky, post-conviction relief, right to counsel, state court, Utah state court

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César’s Recent Media

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

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