REMOVAL PROCEEDINGS " MENTAL COMPETENCY " RESOURCES
On Immigration Advocates Network:
- A practice advisory from the American Immigration Council's Legal Action Center and the University of Houston Law Center Immigration Clinic, which provides a detailed analysis of Matter of M-A-M and offers advice on how to address issues that may arise, at http://www.immigrationadvocates.org/link.cfm?18685.
- ICE maintains medical records on detainees, including mental health records, that may be used in immigration court proceedings.
CRIM DEF " SENTENCE " INTERNATIONAL PRISONER TRANSFER
The DOJ OIG has released a 200 page review of the DOJ International Prisoner Transfer Program (Dec. 2011). www.justice.gov/oig/reports/2011/e1202.pdf
Thanks to Neal R. Sonnett.
IMMIGRATION OFFENSES " FEDERAL LAW BARS STATE PROSECUTION FOR PERJURY OR FORGERY RELATING TO I-9 FORM
State v. Reynua, ___ Minn. App. ___ (Ct.App. Dec. 5, 2011) (Immigration Reform and Control Act, INA 274A, 8 U.S.C. 1324a (2006), preempts state prosecution of a job applicant for perjury or forgery involving the I-9 federal form for employment-eligibility verification).
RELIEF " INA 212(c) WAIVER " COMPARABLE GROUNDS
Immigrant Defense Project, the National Immigration Project of the National Lawyers Guild, and the American Immigration Councils Legal Action Center, Practice Advisory, Implications of Judulang v. Holder for LPRs Seeking 212(c) Relief and for Other Individuals Challenging Arbitrary Agency Policies http://www.legalactioncenter.org/sites/default/files/Judulang-212-c-reli...
CRIMINAL DEFENSE OF IMMIGRANTS " COLLATERAL CONSEQUENCES " RESTORATION OF RIGHTS AND STATUS AFTER CONVICTION
On Dec. 22, 2011, the National Association of Criminal Defense Lawyers (NACDL) announced that the consequences of conviction " specific legal barriers, generalized discrimination, and social stigma " have become more numerous and severe, more public, and more permanent. The legal mechanisms relied on in the past to restore rights and status " pardon, expungement, certificates of good conduct " have atrophied or become ineffective, with the result that a significant percentage of the American public is permanently consigned to second class citizenship.
DETENTION " MANDATORY DETENTION " PROLONGED DETENTION
ACLU Practice Advisory, Prolonged Mandatory Detention and Bond Eligibility: Diop v. ICE/Homeland Security on the Third Circuits decision in September 2011 on prolonged mandatory immigration detention, Diop v. ICE/Homeland Security, 656 F.3d 221 (3d Cir. 2011). http://www.aclu.org/files/assets/diop_advisory_final.pdf
This practice advisory discusses how certain detainees can use Diop vs. ICE, 656 F.3d 221 (3d Cir. 2011) to obtain bond hearings. Notably, although the Court held that reasonableness is a function of the length of the detention, id.
KNOW YOUR RIGHTS RESOURCES
- A "Know Your Rights" flyer published by Casa de Maryland, the National Immigration Project of the National Lawyer's Guild, and Detention Watch Network at http://www.immigrationadvocates.org/link.cfm?18732 (available in English and Spanish).
- A flyer by the ACLU of Southern California on "rights and responsibilities" for a person who is stopped by the police at http://www.immigrationadvocates.org/link.cfm?18733 (also available in Spanish).
- A folder on "Know-Your-Rights" materials, including flyers in nine languages, at http://www.immigrationadvocates.org/link.cfm?17964.
BIBLIOGRAPHY " DETENTION " IMMIGRATION DETENTION " CHALLENGING ICE DETAINERS
Prof. Christopher Lasch, Litigating Immigration Detainer Issues, II IMMIGRATION LAW FOR THE COLORADO PRACTITIONER 34-1 (Colorado Continuing Education of the Bar, 1st ed. 2011).
http://xa.yimg.com/kq/groups/6503708/1088791489/name/CBA%20Detainers%20C...
OVERVIEW " RIGHT TO COUNSEL
Accessing Justice: The Availability and Adequacy of Counsel in Immigration Proceedings. A report from the New York Immigrant Representation Study that compares case outcomes based on key factors such as whether the immigrant was detained or non-detained, had representation, and whether or not the representation was considered adequate.
http://www.aila.org/content/default.aspx?docid=37973
DETENTION " NEW DETAINER FORM
ICE Issues New Detainer Form - ICE press release issuing a new detainer form and announcing the launch of a hotline for detained individuals who believe they are U.S. citizens or victims of a crime.
http://www.aila.org/content/default.aspx?docid=38045