NEW DEVELOPMENT! September 2023 The Second Circuit has now decided in U.S. v. Minter that certain “narcotic drug” and “cocaine” convictions from 1978-present are categorically overbroad relative to the federal Controlled Substances Act. IDP has provided resources about the Minter decision here. These resources are up-to-date and in many cases replace the below resources about the U.S. v. Gibson decision. February 2023 IDP … Read more »
Background IDP, represented by Stanford Law School’s Immigrants’ Rights Clinic, is engaged in litigation before the Court of Appeals and BIA to ensure that noncitizens are not barred from establishing eligibility for relief from removal or for lawful status just because a “record of conviction” is ambiguous as to whether the conviction is for a disqualifying offense. IDP has appeared as amicus curiae … Read more »
The United States has long offered protected status to those fleeing persecution abroad in the form of Asylum and Withholding of Removal. Under its obligations under the U.N. Refugee Convention to which the U.S. is a party, only the most serious criminal convictions that present actual danger to the community in the United States can bar a person from receiving … Read more »
2017 U.S. Supreme Court: IDP Appears as Amicus Curiae in Lee v. United States In January 2017, IDP appeared with amici curiae immigrants’ rights organizations who comprise the Defending Immigrants Partnership, in a brief to the Supreme Court addressing whether a defendant who has pleaded guilty based on deficient advice from defense counsel may establish prejudice if there is strong evidence of … Read more »
Litigation related to Judicial Review: Amicus Brief: Lee v. Ashcroft (May 2004) — 2nd Circuit: IDP and the Brennan Center for Justice submitted this brief urging access to federal habeas review for immigrants with claims of national status. Amici were represented by Lawrence S. Lustberg and Jonathan L. Hafetz of Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C.
IDP has supported efforts to limit retroactive application of new restrictions on the rights of noncitizens, especially the elimination in 1996 of discretionary relief from removal under INA s 212(c) for noncitizens who would have been eligible for that relief prior to its repeal. Key Retroactivity Cases INS v. St. Cyr, 533 U.S. 289 (2001) Earlier efforts culminated in a … Read more »
Briefs Amicus brief to BIA (Aug. 2, 2017) — modified categorical approach and CIMTs (pro bono counsel Devin Theriot-Orr) Amicus brief, Petitioner’s opening and reply briefs, Government’s brief, to Second Circuit (2017) — NYPL 1552.5, petit larceny, as CIMT; adjudicative retroactivity (pro bono counsel Richard Mark of Gibson Dunn for Petitioner; IDP for amici) Amicus brief to BIA (Mar. 8, … Read more »
IDP and our allies continue to engage in strategic litigation before the immigration agencies and the federal courts in support of the conviction “finality rule,” which holds that for a criminal conviction to trigger certain immigration consequences, all direct appeals of right must be exhausted or waived. Please contact IDP’s litigation experts for amicus support or technical assistance in cases … Read more »
Current Practice Advisories on the Categorical Approach Esquivel-Quintana v. Sessions: Supreme Court Limits Reach of Aggravated Felony “Sexual Abuse of a Minor” Ground and Provides Support on Other Crim-Imm Issues (2017, IDP and NIP-NLG) Administrative Removal under 238(b): Questions and Answers (2017, IDP and NIP-NLG) Sample Response to Notice of Intent to Issue a Final Administrative Order of Removal Sample … Read more »