SUPREME COURT RULES PADILLA NOT RETROACTIVE

In the 2010 case, Padilla v. Kentucky the Supreme Court ruled that the failure of an attorney to warn a non-citizen of the immigration consequences of a guilty plea is incompetence of counsel. Last week the Supreme Court in Chaidez v. United States ruled that Padilla is not retroactive and affects only those cases that were not final at the time of the ruling in Padilla. Roselva Chaidez immigrated from Mexico. She became a lawful permanent resident in 1977. Her […] Read more »

COURT UPHOLDS RIGHT TO WAIVER OF DEPORTATION FOR UNDOCUMENTED IMMIGRANT

Martin Mendoza Leiba (“Mendoza”) entered the country without documents from El Salvador. He got married in 1994. He and his wife have five children. In 1996 his status was adjusted to that of a lawful permanent resident and in 2001 his wife became a citizen. In 2008 he was convicted of receiving stolen property and he was given a suspended sentence. Homeland Security filed removal papers claiming that an alien who, “any time after admission,” was convicted of an aggravated […] Read more »

ARIZONA POLICE BEGIN ENFORCING S.B. 1070

Last June the Supreme Court upheld the part of Arizona’s immigration law (S.B. 1070) that required police officers when making an arrest to demand that a person provide proof that he/she is in the country legally. This week the the Huffington Post reports the U.S. District Court in Arizona gave the state permission to begin enforcing the law. But the litigation is not over. While the Supreme Court said that the section was constitutional on its face there will certainly […] Read more »

SOLICITATION FOR PROSTITUTION–A CRIME OF MORAL TURPITUDE

The Ninth Circuit Court of Appeals upheld a decisision by the Bureau of Immigration Appeals (BIA) that solicitation for the purpose of prostitution is a crime of moral turpitude prohibiting an order allowing a foreign citizen to voluntarily depart from the country. The Court held that since a prior decision of the BIA found that prostitution was a crime of moral turpitude and since there is no material difference between prostitution and solicitation for prostitution that solicitation under California Penal […] Read more »

SECURE COMMUNITIES NOW IN 44 STATES

Secure Communities is now active in all or part of 44 states. Secure Communities is the Federal program that allows the Federal Government to use local arrest data to deport undocumented immigrants. It is based on biometric data such as fingerprints of arrestees. Close to 120,000 immigrants have been removed from the country using the Secure Communities program. Originally we were told that the program was voluntary. Then we were told that if a state signed a contract with the […] Read more »

SUPREME COURT UPHOLDS DEPORTATION FOR FILING A FALSE TAX RETURN

Akio and Fusako Kawashima plead guilty to tax offenses. Akio plead to willfully making and subscribing a false tax return in violation of 26 U. S. C. §7206(1). Fusako plead to aiding and assisting in the preparation of a false tax return in violation of 26 U. S. C. §7206(2). They are lawful permanent residents, citizens of Japan. The Immigration and Naturalization Service started the deportation process following their convictions. Under the Aliens and Nationality Code (8 U.S.C) anyone who […] Read more »

THE FIRST CIRCUIT UPHOLDS CONVICTION FOR AIDING AND ABETTING THEFT OF THE DEFENDANT’S OWN IDENTITY

The First Circuit Court of Appeals upheld the conviction of Thomas Kasenge for aiding and abetting the theft of his own identity. Kasenge’s housemate, Pius Mayanja visa expired and he was living in this country without proper immigration documentation. As a result he was unable to find work. Kasenger allowed Mayanja to use his driver’s license and social security card in exchange for a small fee. Kasenge was charged with aggravated identity theft. He argued that he could not be […] Read more »

NINTH CIRCUIT REVERSES TRANSPORTING UNDOCUMENTED IMMIGRANTS CASE ON DOUBLE JEOPARDY GROUNDS

Recently we seem to be having a run of double jeopardy cases. I don’t believe we should credit the Roger Clemens case for the run but it did seem to start with him. Today, we look at a rather unique Ninth Circuit case. Gabriel Alvarez-Moreno was charged in Federal Court with two counts of transporting undocumented immigrants for profit. Shortly before his trial his attorney and the Assistant U. S. Attorney agreed that a jury trial would be waived and […] Read more »

NINTH CIRCUIT UPHOLDS TRANSPORTATION AND HARBORING CONVICTIONS DESPITE WRONGFUL ADMISSION OF DEPOSITIONS

Juan Leonardo Matus-Zayas was convicted on various counts of harboring and transporting undocumented immigrants. At his trial the government read into the record the depositions of three material witnesses which the court had previously released from custody. On appeal the defense raised a number of objections to the use of the depositions at trial. The most important objection was that it violated the Confrontation Clause. However, since the defense failed to raise the issue at trial it was necessary to […] Read more »

FIRST CIRCUIT REVERSES BIA DEPORTATION ORDER

Agostino Accardo was convicted of making an extortionate extension of credit (18 U.S.C. § 892(a)). The Board of Immigration Appeals (BIA) found 18 U.S.C. § 892(a) to be an aggravated felony and ordered Accardo deported. Aggravated felonies include crimes of violence and the BIA ruled that 18 U.S.C. § 892(a) was a crime of violence. Accardo appealed to the First Circuit Court of Appeals. The BIA used a categorical approach to determine that Accardo was deportable. Under the categorical approach […] Read more »