§ 8.34 2. Neutralizing Bias Against Noncitizens
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It is not uncommon to encounter bias against noncitizens on the part of the prosecution or court. This bias may take the form of bias against noncitizens in general, see § 8.35, infra, or bias against undocumented noncitizens in particular. See § 8.36, infra. See also § 10.2(B)(4), infra, for discussion of prohibition against basing sentence on national origin. If the relief cannot be obtained at the trial level because of bias against noncitizens, try to make a record of such a “blanket policy” against noncitizens, and attempt to obtain relief on appeal.
Solomon Moore, Study Shows Sharp Rise in Latino Federal Convicts, N.Y. Times (Feb. 19, 2009) http://www.nytimes. com/2009/ 02/19/us/ 19immig.html