court decisions

Supreme Court Leaves Lower Court Ruling on Expedited Removal in Place

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The Supreme Court declined to hear a case on Monday that would have addressed the expedited removal of individuals who have their claims for asylum denied by an immigration judge. The Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled last August that non-citizens do not have a Constitutional right to due process if they are denied asylum. The individuals, 28 women and 33 children from El Salvador, Honduras and Guatemala, challenged the ruling to the Supreme Court.

New Mexico court rules on immigration consequences

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San Francisco Chronicle -- Associated Press

The New Mexico Supreme Court says it's not enough that a defendant hears in court that pleading guilty could result in deportation.

The justices ruled Monday in case from Dona Ana County that a defendant was denied effective legal representation because his lawyer hadn't warned him beforehand about a guilty plea's immigration consequences.

Cesar Favela pleaded guilty to charges of aggravated battery with a deadly weapon and driving while under the influence.

Federal Judge: Obama’s Executive Amnesty is Unconstitutional

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A federal judge today declared parts of President Obama’s executive amnesty to be unconstitutional, but did not issue an injunction stopping its implementation, The Washington Times reports. The judge said Obama exceeded a president’s discretion and accused him of writing laws — something only Congress can do under the Constitution. While the judge’s ruling has no direct bearing on Obama’s executive amnesty, it suggests direct challenges to its constitutionality may gain traction in other courts where standing is achieved.

Federal Judge OKs Police Immigration Status Checks in S.C.

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A federal judge ruled on Thursday that South Carolina police officers can now check the immigration status of suspected illegal aliens during a lawful stop. In a statement, South Carolina Attorney General Alan Wilson said, "Giving law enforcement this ability will make our state a better, safer place for all South Carolinians."

Arizona to appeal judge's ruling on harboring illegal aliens

Arizona Gov. Jan Brewer

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The state of Arizona is appealing a judge's decision from earlier this month that ruled that a provision in the state's illegal immigration enforcement law that makes it a crime to harbor illegal aliens is unconstitutional. The provision makes it a crime to transport, shield, or harbor an illegal alien within Arizona's borders, but federal district judge Susan Bolton barred the provision during her Sept. 5th ruling.

Atty. Gen. Holder Doesn't Want To Waste Resources Kicking Out Illegal Workers Who Aren't Terrorists

Updated: July 7th, 2010, 11:40 am

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  by  Roy Beck

Perhaps the most frightening -- and shocking -- part of Atty. Gen. Holder's lawsuit against Arizona's new immigration enforcement law is his indication that it is a waste of federal resources to pick up illegal aliens simply because they are unlawfully taking a job from a U.S. worker.

Iowa: Personnel Manager at Meat Plant Pleads Guilty

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A former personnel manager arrested after a large immigration raid at a slaughterhouse pleaded guilty to federal immigration charges. The ex-manager, Elizabeth Billmeyer, 48, of Postville, pleaded guilty to one count of conspiracy to harbor undocumented immigrants for profit and one count of knowingly accepting counterfeit resident alien cards. She faces up to 20 years in prison and a $500,000 fine. Ms. Billmeyer was working at the Agriprocessors plant in Postville, once the nation’s largest kosher slaughterhouse, when federal agents arrested 389 people in an immigration raid in May.

Judge Halts Investigation Into ID Theft in Colorado

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A state judge here ordered a halt Monday to a controversial identity theft investigation that has implicated more than 1,000 suspected illegal immigrants, ruling that the search at the start of the investigation was unlawful and violated privacy rights.http://www.nytimes.com/2009/04/14/us/14greeley.html

By Dan Frosch -- New York Times

Immigration lawyers' misconduct targeted in federal proposal

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"The Bush administration has quietly proposed to overhaul the disciplinary process for lawyers practicing in the nation's immigration courts, aiming to weed out abusive and incompetent ones.

The proposed changes would set new minimum standards of conduct for the attorneys and give judges greater power to punish them...."