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Article • July 21, 2018 • from CLN August, 2018
Filed under: Immigration
Eleventh Circuit Holds Florida Drug Trafficking Statute Indivisible and Overbroad for Removal Under Immigration and Nationality Act by Dale Chappell by Dale Chappell In a major decision that may affect thousands with a prior Florida drug trafficking conviction, the U.S. Court of Appeals for the Eleventh Circuit held that Florida’s …
Article • July 20, 2018 • from CLN August, 2018
The Long, Dark History of Law Enforcement’s Warrantless Bus Searches by Steve Horn by Steve Horn The more things change, the more they stay the same. That’s a truism to many observers of history and politics, but in the orbit of the U.S. criminal legal system, it’s literally governed by …
Dept. of Homeland Security Office of Inspector General - ICE's Inspections and Monitoring of Detention Facilities Do Not Lead to Sustained Compliance or Systemic Improvements, 2018 ICE’s Inspections and Monitoring of Detention Facilities Do Not Lead to Sustained Compliance or Systemic Improvements June 26, 2018 OIG-18-67 DHS OIG HIGHLIGHTS ICE’s …
Article • June 18, 2018 • from CLN July, 2018
Ninth Circuit Reverses Conviction for Transporting an Illegal Alien Due to Improper Jury Instruction by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit reversed a defendant’s conviction for transporting an illegal alien for financial gain because the district court improperly instructed the jury …
Article • June 17, 2018 • from CLN July, 2018
Ninth Circuit: California Carjacking Not a Crime of Violence Post-Johnson by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit ruled on January 29, 2018, that California’s carjacking law, Penal Code § 215(a), no longer constitutes a crime of violence under 8 U.S.C. § …
Article • May 22, 2018 • from CLN June, 2018
The G-Men are Coming: Local Cops Partner with Federal Authorities to Deport Undocumented Immigrants by Christopher Zoukis by Christopher Zoukis Donald Trump spoke ill of the undocumented immigrant population during his run for president and promised to ramp up deportation efforts if elected. As president, he is making good on …
Article • May 22, 2018 • from CLN June, 2018
Ninth Circuit Reverses Drug Smuggling Conviction for Improper Exclusion of Evidence of Third-Party Culpability by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Ninth Circuit reversed a defendant’s conviction for importation of methamphetamine because the district court improperly excluded relevant evidence that someone else committed …
Article • May 21, 2018 • from CLN June, 2018
Filed under: Immigration
Washington High Court Issues New Rule Making Immigration Status Inadmissible by Derek Gilna by Derek Gilna The Washington Supreme Court on November 8, 2017, issued a new rule of evidence, making it “generally inadmissible” in both criminal and civil cases to question a party’s immigration status. According to the Court, …
Article • April 19, 2018 • from CLN May, 2018
Eighth Circuit: Teague Analysis Bars Retroactive Application of Padilla Ineffective Assistance of Counsel Claim by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Eighth Circuit ruled that Teague v. Lane, 489 U.S. 288 (1989), which bars retroactive application of new rules of criminal procedure on …
Brief • April 19, 2018
Filed under: Immigration
City of Chicago v. Sessions, opinion, grant to sanctuary city, 2018 Case: 17-2991 Document: 111 Filed: 04/19/2018 Pages: 49 In the United States Court of Appeals For the Seventh Circuit ____________________ No. 17‐2991 CITY OF CHICAGO, Plaintiff‐Appellee, v. JEFFERSON B. SESSIONS III, Attorney General of the United States, Defendant‐Appellant. ____________________ …
Penal Reform International, Thailand Institute of Justice: Global Prison Trends, 2018 GLOBAL PRISON TRENDS 2018 SPECIAL FOCUS Pull-out section The rehabilitation and reintegration of offenders in the era of sustainable development Global Prison Trends 2018 This document is co-published and produced with financial assistance from the Thailand Institute of Justice …
Judge's Husband Profited From Prison Stock by David Reutter by David Reutter The Iowa federal judge who oversaw the judicial proceeds for about 400 undocumented immigrants who were arrested at the country's largest kosher slaughterhouse may have committed ethical violations by coordinating the raid. The May 12, 2008 raid made headlines for …
Article • March 12, 2018
Confidential ICE Handbook Lays Out Paths for Investigations to Avoid Constitutional Challenges by by Eoin Higgins, February 23 2018, published by Criminal Legal News with permission from The Intercept. When U.S. Immigration and Customs Enforcement agents go after suspected violators of immigration and customs law, they do whatever they can to get …
Publication • February 1, 2018
Filed under: Immigration
Rebuilding Trust - CIVIC Report Rebuilding Trust: A Case Study for Closing & Repurposing Immigration Detention Facilities Copyright © February 2018 Community Initiatives for Visiting Immigrants in Confinement (CIVIC) All rights reserved. Printed in the United States of America. Cover Design by Liz Martinez The primary author and editor of …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Searches, Immigration
“My Phone Was My Life”—Challenging Warrantless Border Searches of Devices by Dale Chappell by Dale Chappell The American Civil Liberties Union (“ACLU”) and Electronic Frontier Foundation (“EFF”) filed a federal lawsuit against the Department of Homeland Security (“DHS”), Customs and Border Protection, and Immigration and Customs Enforcement in the United …
Article • January 3, 2018
Filed under: Immigration
2015 Deportations Dropped to Lowest Since 2006 by Derek Gilna by Derek Gilna A 2016 report issued by the Department of Homeland Security said that deportations carried out in 2015 by the agency's Immigration and Customs and Enforcement (ICE) had dropped to the lowest level since 2006. According to DHS, …
Article • January 3, 2018
Filed under: Bail Bonds, Immigration
Ninth Circuit: Non-Citizen Detainees Entitled to Automatic Bond Hearings by Mark Wilson The U.S. Court of Appeals for the Ninth Circuit upheld a permanent injunction requiring automatic bond hearings for non-citizens who are detained longer than six months under three immigration statutes. The Court also held that hearings must be …
Article • December 21, 2017
Filed under: Immigration
Supreme Court Remands Border-Shooting Case for Review Under Bivens and Abbasi by David Reutter by David Reutter The United States Supreme Court vacated and remanded a Fifth Circuit Court of Appeal's rehearing en banc decision to uphold a federal district court's dismissal of a civil suit brought against Jesus Mesa, …
Article • December 19, 2017 • from CLN January, 2018
Sentence Vacated Due to Improper Enhancement Under Sentencing Guidelines by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Second Circuit vacated an improperly enhanced sentence of 46 months for illegal reentry after deportation. In 2009, Roman Bartolo Genao, a national of the Dominican Republic, was …
Article • December 14, 2017
Filed under: War on Terror, Terrorism, FBI
D.C. Circuit Holds Bivens Not Available for Extraterritorial Incidents by On October 23, 2015, the Court of Appeals for the D.C. Circuit held that a man who had been detained, interrogated and tortured for four months in three African countries by and with the consent of FBI agents could not …
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