Month: November 2014

Practice Advisory: 2014 NYC Detainer Law

On October 22, 2014 the New York City Council passed groundbreaking legislation dramatically expanding existing city laws that limit the circumstances under which the New York City Police Department (NYPD) and Department of Correction (DOC) will honor an U.S. Immigration and Customs Enforcement (ICE) detainer or otherwise cooperate with federal mass deportation programs. Most of the legislation took effect on December 14, … Read more »

Practice Advisory: Getting Clients with Detainers Out of DOC Custody

IDP has just released an advisory along with sample briefs which were shared by the Legal Aid Society and Brooklyn Defender Services. The advisory explains who is eligible and provides a step-by-step guide on how to prepare and file the necessary court documents. View advisory and related documents. Practice Advisory: Getting Clients with Detainers Out of DOC Custody

Practice Advisory: The Realistic Probability Standard

Just released practice advisory: “The Realistic Probability Standard: Fighting Government Efforts to Use It to Undermine the Categorical Approach” In its September 22 decision in Matter of Ferreira, 26 I&N Dec. 415 (BIA 2014), the Board of Immigration Appeals took an expansive view of the realistic probability test for assessing whether a criminal statute covers conduct outside of a charged removal ground … Read more »