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immigration Archives

ICE Detention Cannot Be Used to Keep Defendants in Jail After Being Granted Bail in Criminal Case

By Laura K. Gasiorowski Esq., NJ & NY Criminal Defense Lawyer posted in Federal Crimes, DEA, Criminal Investigation, Detention Hearings, Federal Law Enforcement, Immigration, Criminal Law, Federal Investigation on Thursday, January 18, 2018

I’ve posted before about the line of case following United States v. Trujllo-Alvarez, 900 F. Supp. 2d 1167 (D.Or. 2012), which held that ICE could not detain and attempt to remove a non-citizen defendant charged with the federal crime of illegal re-entry, once the defendant has been released under the Bail Reform Act. Trujillo and its progeny affirm that when the Executive Branch decides that it will defer removal and deportation in favor of first proceeding with a federal criminal prosecution, it is obligated to follow all applicable laws governing such prosecution, including, of course, the Bail Reform Act. Once the Secretary of Homeland Security opts for prosecution over deportation, and invokes the jurisdiction of the district court, that court has priority, and administrative deportation proceedings stall until and unless the criminal prosecution concludes or is dismissed. United States v. Blas, Crim. Action No. 13-378, 2013 WL 5317228, at *3 (S.D. Ala. Sept. 20, 2013). In United States v. Galitsa, 17 Cr. 324 (VEC), Judge Caproni followed the Trujillo-Alvarez reasoning, as did Judge Irizzary in United States v. Rosario Ventura, 17-cr-418, in the Eastern District of New York, holding that the Government must either release the defendant under the bond conditions set in the matter and proceed with prosecution, or dismiss the indictment and proceed with removal.

Tags: Federal Crimes, DEA, Criminal Investigation, Detention Hearings, Federal Law Enforcement, Immigration, Criminal Law, Federal Investigation

When An Attorney’s Advice About the “Risk” of Immigration Consequences May Constitute Ineffective Assistance of Counsel

By Laura K. Gasiorowski Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Deportation, Non-Citizens, Noncitizens, Immigration, Criminal Law, Guilty Plea, Sentencing, Sentence on Monday, September 25, 2017

Criminal defense attorneys representing non-citizen defendants are obligated to provide advice regarding the immigration consequences of a plea or guilty verdict.  The Supreme Court’s decision in Padilla made it clear that failure to do so constitutes ineffective assistance of counsel. 

Tags: Criminal Defense, Deportation, Non-Citizens, Noncitizens, Immigration, Criminal Law, Guilty Plea, Sentencing, Sentence

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