LexisNexis® Legal Newsroom
Federal Court in Arizona Permanently Bars Maricopa County from Arresting and Charging Immigrants with "Conspiracy to Transport Themselves"

"On September 27, 2013, a federal court in Arizona issued a permanent injunction stating "Defendants Maricopa County Sheriff Joseph M. Arpaio and Maricopa County Attorney William G. Montgomery, and their agents, employees, successors in office, and all other persons who are in active concert...

Judge: Maricopa County Can't Prosecute Migrants For Smuggling Themselves

"A federal district judge has ruled that one of Maricopa County's most controversial enforcement policies impacting undocumented immigrants must end. On Friday, Judge Robert Broomfield ruled the county of Sheriff Joe Arpaio must immediately stop its policy of prosecuting unauthorized migrants...

CA9 Rejects Matter of Richardson: USA v. Garcia-Santana (Conspiracy Requires Overt Act)

"... [ Matter of] Richardson [25 I&N Dec. 226 (BIA 2010) ] interpreted “conspiracy” under § 1101(a)(43)(U) as referring to the common-law definition, and thus as omitting any overt-act requirement. ... We cannot accept this interpretation. ... We conclude ... that the BIA’s...

CA9 on Conspiracy; Nevada; Burglary; Aggravated Felony: U.S. v. Garcia-Santana

"The government appeals the dismissal of Xochitl Garcia-Santana’s indictment for unlawful reentry in violation of 8 U.S.C. § 1326. The district court determined that Garcia’s prior removal order was constitutionally inadequate because Garcia was denied her right to seek discretionary...