By Colby Hamilton | March 12, 2019
The New York Immigrant Family Unity Project accuses DOJ immigration officials of moving up detainee court hearings without prior notice, jeopardizing their clients' ability to have counsel present.
New York Law Journal | Analysis
By Jack A. Gordon and Alex T. Paradiso | March 4, 2019
Practitioners in need of trial or deposition testimony (in either a state or federal civil case) of a witness in a government custody should consider seeking a Writ in federal court to obtain same.
By Dan M. Clark | February 22, 2019
The proposal from Sen. Jessica Ramos would reduce the maximum prison sentence for a misdemeanor in New York from one year to 364 days.
By Ellis Kim | February 20, 2019
A federal appeals court in Washington is set to hear arguments Friday about the legality of the Trump administration's decision to wind down the Deferred Action for Childhood Arrivals program.
By Colby Hamilton | February 13, 2019
Attorneys and their detained immigrant clients claim the glitch-ridden system and presence of ICE agents in the room during court hearing video conferences represent a due-process violation.
New York Law Journal | Letter to the Editor
By Angad Singh | February 13, 2019
It is not just people who are here without status whose ability to avoid deportation may be affected by a criminal conviction. Crucially, many people with status, including Lawful Permanent Residents, may be rendered deportable by certain misdemeanor convictions.
New York Law Journal | Analysis
By Joseph D. Nohavicka | February 11, 2019
On Nov. 27, 2018, the New York Court of Appeals handed down a decision that fashions a new rule when the criminal justice system is processing a non-citizen: No matter what level crime the non-citizen is charged with, if the possible consequence is deportation he or she is entitled to a jury trial. The distilled holding is that immigration consequences transform a state “petty” offense into a “serious” offense.
By Dan M. Clark | February 6, 2019
The bill is in reaction to reports that an employee at one of President Donald Trump's properties was threatened with exposing her status as an undocumented immigrant if she made complaints about her supervisors, according to the Attorney General's Office.
New York Law Journal | Analysis
By Barry Kamins | February 1, 2019
In his Criminal Law and Procedure column, Barry Kamins writes: Two months ago, a new hearing was mandated as a result of 'People v. Suazo', in which the Court of Appeals held, in a 5-2 decision, that a noncitizen defendant charged with a deportable class B misdemeanor (maximum of three months in jail) is entitled to a jury trial under the Sixth Amendment, even though the maximum authorized sentence is a term of imprisonment of less than six months.
New York Law Journal | Letter to the Editor
By Tina Luongo | January 31, 2019
Overzealous ICE officers operating with zero oversight must not be allowed to use our courts at their whim.
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