Month: May 2013

Ninth Circuit rules immigration judges can’t deport based on alleged facts a criminal judge or jury never found

In Olivas-Motta v. Holder, __- F.3d ___ (9th Cir. May 17, 2013)  the Ninth Circuit became the fourth circuit court of appeals to reject the Attorney General’s decision in Matter of Silva-Trevino, 24 I&N Dec. 287 (AG 2008), which permitted immigration courts to find some immigrants who have been convicted of crimes removable on the basis of alleged facts about their criminal … Read more »

NY Defendants Can Seek to Vacate Convictions Post-Deportation

On May 16, the First Appellate Dept. ruled in People v. Antonio Badia that it was improper to dismiss Antonio Badia’s 440 motion because the defendant had been deported. IDP, along with the Post-Deportation Human Rights Project, filed an amici brief arguing that defendants should be allowed to litigate post-conviction relief cases after deportation. The trial court had refused to look at the merits … Read more »

IJN ACTION ALERT: Call or Tweet Senate Judiciary Committee to not leave many out of path to citizenship

Tell members to protect parts of the immigration reform bill that allow immigration judges and officials to look at the individual circumstances of a person’s case and fight back against attempts to exclude more immigrants from the path to citizenship The current immigration bill falls short of overhauling our broken immigration system. The heart of the bill is clearly the pathway … Read more »

URGENT: CALL NOW TO OPPOSE AMENDMENT GUTTING JUDICIAL REVIEW

URGENT Action Alert: CALLS needed TODAY (Thursday, May 9) TODAY is the first day that the Senate Judiciary Committee will be considering amendments on the bipartisan immigration bill, S. 744. Today they will consider amendments on the bill’s border provisions. We’ve learned that Sen. Grassley of Iowa plans to offer his amendment 17 as a 2d-degree to Feinstein’s amendment 2 today.  Grassley’s … Read more »