News

IDP Contributes to Two Major Appellate Victories that Help Ensure the Promise of Padilla in New York State

IDP has been working steadfastly to ensure the promise of Padilla both across the state and nationally by attempting to shape the way courts interpret the scope of post-conviction relief for Padilla advisals. We are pleased to share these two exciting recent victories: Appellate Division, First Department Holds that Padilla Applies Retroactively to Convictions at Least as Far Back as … Read more »

A Message from Benita Jain

Dear Friends, As many of you know, I have been working from Oakland, California, for the past year. During this time, my family has also grown to include two amazing children, Maya and Rohit. I have now decided to make my move to Oakland permanent and shift my role at IDP from Co-Director to Managing Attorney, Defending Immigrants Partnership. In … Read more »

IDP’s 2012 Wrap-up and Plans for 2013

IDP’s recent accomplishments and an overview of  some of our plans in the coming year: Litigation efforts in defense of immigrants’ rights Realize the full potential of Padilla v. Kentucky by continuing to train and mentor defender offices across the country to provide effective immigration advisals, to raise awareness in immigrant communities about these rights, and to shape best practices among criminal court … Read more »

U.S. Supreme Court Protects Rights of Lawful Permanent Residents to Travel without Risking Denial of Re-Admission

On March 28, 2012, the U.S. Supreme Court issued an important decision protecting the rights of immigrants with long ago criminal convictions to travel abroad without risking detention and removal upon their return. In Vartelas v. Holder, No 10-1211, the Supreme Court struck down the government’s retroactive application of a 1996 immigration law amendment that the government said allowed denial of … Read more »

IDP Supports Successful Challenge to Depriving Noncitizen Defendants of the Benefits of Their Plea-Bargains

On January 30, the Fourth Circuit Court of Appeals rejected Matter of Silva-Trevino, a controversial decision of former Attorney General Mukasey that requires immigration authorities in certain cases to re-try the facts of criminal cases to determine whether the defendant engaged in deportable misconduct rather than relying on the facts established beyond a reasonable doubt in the criminal court.  The effect … Read more »

New York High Court Protects Right of Immigrants to Appeal NY Criminal Convictions

In an important victory for the rights of immigrants convicted of crimes, on October 25, 2011, New York’s highest court held in a pair of cases that the intermediate appeals courts abuse their discretion when they dismiss the criminal appeals of defendants who have been involuntarily deported. In both People v. Ventura and People v. Gardner, Nos. 11-160, 11-161 (N.Y. Oct. … Read more »

U.S. Supreme Court Protects Rights of Immigrants to Apply for Relief from Deportation

On December 12, 2011, the U.S. Supreme Court issued an important decision protecting the rights of immigrants convicted of long ago crimes to apply for relief from deportation. In Judulang v. Holder, No. 10-694, the Supreme Court unanimously held that the government’s policy for deciding when lawful permanent resident immigrants may apply for relief from deportation for pre-1996 guilty plea convictions … Read more »

Law and Disorder: Benefit Performance by Labe Richman March 29

Please Join Us for A Performance and Party to Benefit the Immigrant Defense Project (IDP) IDP & the Law Office of Labe M. Richman PRESENT LAW AND DISORDER My Courthouse Stories Written and Performed by Labe M. Richman MARCH 29, 2012 Open bar and Food begins at 6:15 p.m. Performance at 7:15 p.m. JUDSON MEMORIAL CHURCH 55 WASHINGTON SQUARE SOUTH … Read more »