Andrew Wachtenheim

Op-Ed: DOJ Immigration Reform Must Overturn Harmful Precedent, by Andrew Wachtenheim

Law360 published an op-ed by Andrew Wachtenheim, IDP’s Supervising Litigation Attorney, analyzing a body of administrative law opinions that wrongly attach harsh and unauthorized immigration consequences to past contact with the criminal legal system, with discriminatory impact on immigrants of color. The op-ed focuses on precedent decisions published by the Board of Immigration Appeals and Office of the Attorney General … Read more »

Updated Practice Advisory: “Realistic Probability” in Immigration Categorical Approach Cases

Immigrant Defense Project and NIPNLG have issued a new national-scope practice advisory entitled “Realistic Probability” in Immigration Categorical Approach Cases (June 3, 2021).  The practice advisory discusses the origins of the “realistic probability” concept in immigration law, national case law on realistic probability, and litigation issues currently before the immigration agencies and federal courts.  The new advisory is an update to … Read more »

Your Impact in the Fight for Immigrant Rights

November 16, 2020 Dear Friends of IDP, As we write to you, it appears that the White House will soon change hands. After four long years of Trump and four long years of relentless racist and xenophobic attacks, we are taking a moment to breathe a deep sigh of relief. But we all know that there is much work to … Read more »

New York State Data on Misdemeanor Arrests and Prosecutions

In response to a request for information filed by the Immigrant Defense Project (“IDP”), the New York State Division of Criminal Justice Services has released data regarding arrests and prosecutions under ten misdemeanor provisions of the New York Penal Law (“NYPL”). The data set documents information regarding disposition, conviction, and sentence imposed for arrests under NYPL 120.00 (assault in the … Read more »

New York State Data on Child Endangerment Arrests and Prosecutions

In response to a request for information filed by the Immigrant Defense Project (“IDP”), the New York State Division of Criminal Justice Services has released data regarding arrests and prosecutions under Section 260.10(1) of the New York Penal Law (“NYPL”), endangering the welfare of a child, a level-A misdemeanor. The data sets document arrests, dispositions, and sentences imposed; race of … Read more »

Practice Advisory: Silva-Trevino II

On April 10, 2015, U.S. Attorney General Eric Holder signed an order that should be good news for immigrants accused of certain crimes and their criminal defense lawyers: Matter of Silva-Trevino, 26 I. & N. Dec. 550 (A.G. 2015) (Silva-Trevino II). The Attorney General’s order vacates a November 7, 2008 opinion of former Attorney General Michael Mukasey that allowed immigration … Read more »

Attorney General Holder Vacates Matter of Silva-Trevino!

IDP applauds the April 10th Order of Attorney General Eric Holder vacating Matter of Silva-Trevino, 24 I&N Dec. 287 (AG 2008), a highly problematic decision that has led to the unjust deportation of many immigrants from the United States. This action by the sitting Attorney General is a tremendous step in the restoration of justice and due process to immigrants facing possible … Read more »