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 »
On December 31, 2014, Governor Andrew Cuomo granted two pardons, affirming that people should not have to bear the consequences of a criminal conviction for life. Alvaro “Khalil” Cumberbatch, one of the pardon recipients, is a long-time legal permanent resident who spent half of 2014 in immigration detention. While, the Obama Administration has publicly acknowledged the need to remove federal … Read more »
Several NY trial courts have held that a noncitizen must wait to bring a Padilla challenge to an unconstitutional conviction until the federal government has initiated removal proceedings. However, in that scenario, the noncitizen may be deported before the court decides whether the conviction is valid. Also, once removal proceedings commence, the noncitizen may suffer other harms such as prolonged … Read more »
For Immediate Release: Immigrants Rights Advocates, Legal Service Providers and Faith Leaders Applaud the Introduction of Bill to End NYC’s Collaboration with Unjust Deportation Machinery Bill would protect immigrant families, draw clear line between local and immigration law enforcement, and make the city safer New York – Leading immigrants rights organizations from across the city who have worked for years … Read more »
This year, we experienced the landmark of 2 million deportations in the past six years and the flat lining of Congressional efforts to enact comprehensive immigration reform. While these two facts are well known, the reality that an unprecedented number of families have been permanently separated as a result, depriving hundreds of thousands of American children the opportunity to be … Read more »
Practice Advisory: Matter of Chairez-Castrejon: BIA Applies Moncrieffe and Descamps to Modify and Clarify Its Views on Proper Application of the Categorical Approach (July 31, 2014): IDP and the National Immigration Project have issued an advisory on the Board of Immigration Appeals July 24th decision in Matter of Chairez-Castrejon, 26 I&N Dec. 349 (BIA 2014). In this decision, the Board applied last year’s Supreme Court’s decisions in Moncrieffe … Read more »
On June 30, 2014, in People v. Baret, the New York State Court of Appeals held that Padilla does not apply retroactively in N.Y. State, thereby elevating “sterile legal doctrine” over humanity and justice, according to Chief Judge Lippman. IDP has responded with an advisory detailing strategies to achieve post-conviction relief after Baret. Although this decision may insulate many unjust pre-Padilla convictions … Read more »
IDP filed an amici brief in People v. Baret, asserting that the New York criminal defense bar’s diligent response to the draconian immigration laws passed in 1996 supports Padilla retroactivity as a matter of state law. 440 litigants may find the brief useful for its compilation of resources – trainings, publications, hotline support – available to support defense attorneys in … Read more »
Join Mekong NYC, IDP, and Families for Freedom for the NYC screening of “Cambodian Son” at MIST Harlem, 46 West 116th Street, April 27. There is a reception at 2 pm and the film begins at 3 pm. This documentary follows the life of Kosal Khiev. Kosal was convicted as an adult of attempted murder at 15, served 14 years, … Read more »
IDP has been working with Howard Bailey, a veteran who was deported in 2012 to Jamaica, a country he had not seen in over 24 years. Read Howard’s story published April 11 in Politico Magazine. “I often think about Friday dinners with my family. Every Friday, no matter what, my wife and I took our two children out to eat; … Read more »
IDP and the National Immigration project of the National Lawyers Guild have written a practice advisory on the Supreme Court’s recent decision in United States v.Castleman. The advisory explains why this decision should have no negative impact on immigration law and how it may even support arguments to narrow the “domestic violence” and “aggravated felony” removal grounds.
On February 28, 2014, the Board of Immigration Appeals issued Matter of Abdelghany, 26 I&N Dec. 254 (BIA 2014), in which the Board ruled that a lawful permanent resident immigrant who has accrued 7 consecutive years of lawful domicile in the U.S. may seek a waiver of removal for most deportable criminal offenses if the plea or conviction was entered … Read more »
On December 23, 2013, the Immigrant Defense Project joined with other immigrant rights’ organizations in filing an amici curiae brief before the U.S. Supreme Court in U.S. v. Castleman. In that criminal case, the federal government is asking the Court to adopt a broad reading of the “misdemeanor crime of domestic violence” predicate crime provision at issue that would include … Read more »
On November 19th, in People v. Peque, the highest court in NY held that due process requires that judges warn defendants of possible deportation as a result of felony guilty pleas. The due process analysis is wonderful, and worth a read. The problem with the decision is the Court’s articulation of a remedy, or lack thereof. The Court ordered a … Read more »
The Immigrant Defense Project (IDP) is a national nonprofit advocacy organization that promotes fundamental fairness for immigrants accused or convicted of crimes. IDP seeks to minimize the harsh and disproportionate immigration consequences of contact with the criminal justice system by working to transform unjust deportation laws and policies, and by educating and advising immigrants, their criminal defenders, and other advocates. IDP is currently accepting … Read more »
On the removal defense litigation front, IDP is using the momentum from recent Supreme Court victories in Moncrieffe and Descamps to support efforts to roll back overreaching court interpretations of the deportation laws. Together with the Stanford Law School Immigrants’ Rights Clinic and other allies, last month IDP filed an amici brief in Carrasco-Chavez v. Holder, urging the Fourth Circuit to abandon its misguided rule that prevents some immigrants … Read more »
In Rojas v. Holder, __- F.3d ___ (3rd Cir. August 23, 2013), the full Third Circuit federal court of appeals upheld the appeal of the immigrant in a case where the government had ordered the person deported based on a Pennsylvania drug paraphernalia conviction even where the government had failed to show that the offense was related to a controlled substance on the … Read more »
The final Senate vote on the immigration bill has just been cast. This is a historic moment for the United States, but there remain serious problems with this flawed bill as it stands today. The Senate bill falls short of ensuring fundamental due process protections for all aspiring citizens, and disregards the safety and wellbeing of immigrant communities nationwide by … Read more »
IDP has issued a practice advisory for criminal defense attorneys regarding New York City’s 2013 detainer laws (Local Laws 2013/021 and 2013/022). This advisory provides guidance as to which immigration detainers the New York Police Department and the NYC Department of Corrections will not honor, thereby preventing certain non-citizens from being transferred to immigration detention. IDP also includes bail payment … Read more »
Immigrant Justice Network (IJN) recently launched a new website at www.immigrantjusticenetwork.org. This site includes resources on the immigration reform bills pending in Congress, including IJN’s analysis, talking points, fact sheets, action alerts, and stories of people impacted by our harsh immigration laws. IJN is a collaboration between the Immigrant Defense Project, the National Immigration Project and the Immigrant Legal Resource … Read more »