News

Ninth Circuit rules immigration judges can’t deport based on alleged facts a criminal judge or jury never found

In Olivas-Motta v. Holder, __- F.3d ___ (9th Cir. May 17, 2013)  the Ninth Circuit became the fourth circuit court of appeals to reject the Attorney General’s decision in Matter of Silva-Trevino, 24 I&N Dec. 287 (AG 2008), which permitted immigration courts to find some immigrants who have been convicted of crimes removable on the basis of alleged facts about their criminal … Read more »

NY Defendants Can Seek to Vacate Convictions Post-Deportation

On May 16, the First Appellate Dept. ruled in People v. Antonio Badia that it was improper to dismiss Antonio Badia’s 440 motion because the defendant had been deported. IDP, along with the Post-Deportation Human Rights Project, filed an amici brief arguing that defendants should be allowed to litigate post-conviction relief cases after deportation. The trial court had refused to look at the merits … Read more »

Alisa Wellek: Boston Should Not Be Excuse to Deny Human Rights in Immigration System (Huffington Post)

As the nation recovers from the horrific bombings in Boston, conservatives hastily called for delay of the Senate’s upcoming immigration reform debate, perhaps with the intent of proposing more extreme immigration measures and scoring political points with immigration opponents. Some likewise used the fear after Timothy McVeigh’s 1995 bombing in Oklahoma City as an impetus to pass drastic changes to … Read more »

Supreme Court once again scales back government overreach on drug aggravated felonies

The Supreme Court has released its long-awaited decision in Moncrieffe v. Holder, holding that an offense that punishes the transfer of small amounts of marijuana for no remuneration cannot be deemed a “drug trafficking crime” aggravated felony under the categorical approach.  The Court’s 7-2 decision is also likely to have a beneficial impact on some other key issues regarding the proper … Read more »

Post-Conviction Relief Litigation Post-Chaidez: Now What?

The Defending Immigrants Partnership has published a Chaidez advisory detailing the claims for post-conviction relief that can still be asserted by immigrants who were not properly advised regarding the immigration consequences of a pre-Padilla criminal case. Chaidez is not the end of the story for these cases, and there are ways to fight dismissal of Padilla claims for convictions that … Read more »

Second Circuit overreaches on drug trafficking aggravated felony ground

In Pascual v. Holder, 12-2798, 2d Cir. Feb. 19, 2013, the Second Circuit held that third degree criminal sale of a controlled substance in violation of New York Penal Law § 220.39(1) is categorically an aggravated felony. The Court considered and rejected the argument in the Fifth Circuit’s unpublished decision in Davila v. Holder, No. 08-60530, slip op. (5th Cir. … Read more »

Supreme Court Issues Decision on Chaidez v. U.S.

The Court issued its decision in Chaidez v. United States this past Wednesday. IDP worked extensively on amicus strategy and other support for the case. We are very disappointed in the decision and our hearts go out to all those who will be impacted by it. The Court held that Padilla is a “new rule” pursuant to Teague, and thus … Read more »

Padilla Post-Conviction Relief Updates

Check out IDP’s Padilla Post-Conviction Relief page for the latest news on Padilla retroactivity –  Chaidez, Baret, and more!  Also, IDP is working to make post-conviction relief accessible to deported defendants –  for the latest arguments, go to the Post-Deportation Vacatur section on the Padilla PCR page. Post-Conviction Relief Resources Post-Conviction Relief State Summary Chart (10/21/2020) Prejudice Issues (last updated 2/8/2017) Access … Read more »

The Election is Over: Now What?

Over the years, those of us who fight for immigrant rights have heard our calls for a just immigration system rebuked by most politicians at the federal level. Instead, we have been met with an increasingly harsh mass deportation regime leading to the permanent exile of record numbers of our friends, family, clients, and community members. During the build up … Read more »

Hurricane Sandy: Weathering the Storm

Everyone here at IDP hopes this email finds you and your loved ones safe following Hurricane Sandy. Our thoughts are with all those who are still trying to recover from the devastating storm. Disasters like these have an impact on all of us, but they make the situations of those who are most vulnerable even more precarious. Our hearts especially … Read more »

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 »

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 »