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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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Beginning Friday, Fed. Govt. to Take DNA Samples of All Immigrants Arrested

Beginning Friday, January 9, the federal government will gather DNA samples of all immigrants arrested for suspicion of any criminal violation, reports the Los Angeles Times. Previously, the federal government only collected DNA of individuals convicted of certain crimes. According to the L.A. Times, the FBI expects to expand its current DNA database by 1.3 million samples under the new policy. [...]

Posted by César on January 9, 2009 on 3:35 pm Leave a Comment
Filed Under: Uncategorized

Attorney General: No Right to Effective Assistance of Counsel in Removal Proceedings

In the waning days of the Bush Administration, Attorney General Michael Mukasey revamped immigration proceedings this week when he ruled that individuals do not have a right to effective assistance of counsel in removal proceedings. Overturning existing precedent, Mukasey's 34-page decision in Matter of Compean explains that there is no right to counsel and therefore no right to effective assistance of counsel in removal proceedings. This ruling means that mistakes by lawyers--even mistakes that result solely from an attorney's carelessness or inattention to a case--can not serve as the basis [...]

Posted by César on January 9, 2009 on 2:00 pm Leave a Comment
Filed Under: Uncategorized

Colorado Wants to Use Fed. Database to Target Immigrants

A panel of police officers, lawyers, and criminal justice officials organized by the Colorado Department of Public Safety wants the federal government to allow state officials to access a federal government database of fingerprint records to help them locate immigrants who have committed crimes, reports Examiner.com. The panel also advocates adding 700 beds throughout Colorado and Wyoming to house suspected undocumented immigrants. [...]

Posted by César on January 6, 2009 on 11:16 pm Leave a Comment
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Candidate for GOP Chair Opposes Comrehensive Immigration Reform

Ken Blackwell, a candidate for chair of the Republican Party, told reporters that he opposes comprehensive immigration reform and supports "a program that basically says we will go after illegal immigrants, particularly those we suspect are engaged in criminal activity and we will prosecute and deport them." [...]

Posted by César on January 6, 2009 on 1:15 pm Leave a Comment
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Las Vegas Police Reports on First Month of 287(g) Program

One month after launching a program under section 287(g) of the Immigration & Nationality Act, the Las Vegas police report that it has reported 114 individuals detained on various criminal charges to ICE and 28 of those have been deported, reports the Las Vegas Review-Journal. [...]

Posted by César on January 6, 2009 on 1:05 pm Leave a Comment
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Texas Lawmakers to Consider Undocumented Presence as Illegal Trespass

The Houston Chronicle reports that in 2009 Texas legislators are expected to consider several immigration-related proposals including one that would "create a state criminal trespassing charge for illegal immigrants enforced by local police." Other bills expected to come before Texas lawmakers include efforts to prohibit judges from granting parole for undocumented people and a proposal to require public schools to track the immigration status of their students, reports the Chronicle's Anabelle Garay. [...]

Posted by César on January 6, 2009 on 6:03 am Leave a Comment
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Federal Courts See Spike in Immigration-related cases

According to Chief Justice John Roberts' annual report on the federal judiciary, the number of criminal prosecutions in immigration cases spiked in 2008, reported the New York Times. "Filings concerning criminal charges in immigration cases jumped by 27 percent, to more than 21,000. The cases were concentrated in the Southwest," wrote Adam Liptak. [...]

Posted by César on January 6, 2009 on 5:49 am Leave a Comment
Filed Under: Uncategorized

CLE about Immigration Consequences of Criminal Convictions

The ABA will soon hold a CLE for attorneys interested in learning about the potential immigration consequences of criminal convictions for non-citizen criminal defendants.  According to the ABA's web site, "This program is ideal for attorneys interested in pro bono immigration cases, criminal defense attorneys, or any attorney who is unfamiliar with the ramifications of a criminal conviction to a non-citizen’s immigration proceedings." The CLE will take place on January 29 and will be conducted by teleconference and live audio webcast.  More information is available at: [...]

Posted by César on January 6, 2009 on 5:41 am Leave a Comment
Filed Under: Uncategorized

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