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Mass. Supreme Judicial Court on PRWORA

"In this case, we apply strict scrutiny to a legislative appropriation that denied State subsidies for the purchase of health insurance to a category of noncitizen immigrants lawfully residing in the Commonwealth (qualified aliens). Under the appropriation, subsidies provided by the Commonwealth...

Mass. high court victory for immigrants who sued because of health coverage exclusion

"The state’s highest court has handed a victory to legal immigrants in Massachusetts who sued because they were excluded from subsidized health coverage. The Supreme Judicial Court said that the law excluding the immigrants “violates their rights to equal protection under the Massachusetts...

Despite Opposition, ICE Expands SComm

"Obama administration officials have announced that a contentious fingerprinting program to identify [unauthorized] immigrants will be extended across Massachusetts and New York next week, expanding federal enforcement efforts despite opposition from the governors and immigrant groups in...

'When Released' Habeas Victory in Mass. - Castañeda v. Souza

Gregory Romanovsky writes: "A very thorough analysis on the "when released" issue and some great language in the attached district court's decision : "This lack of analysis in Hosh is startling and likely the reason why the Hosh decision has had little impact as a persuasive precedent...

Class Action Lawsuits in Mass., Wa. Challenge Mandatory, No-Bond Detention

" Gordon v. Napolitano is a class action lawsuit filed on behalf of immigration detainees in Massachusetts who are unlawfully subject to mandatory, no-bond detention. Khoury v. Asher is a class action lawsuit filed on behalf of immigration detainees in Washington State who are unlawfully subject...

Padilla Retroactive in Mass: Commonwealth v. Sylvain

Wendy Wayne writes: "Today, the SJC held that the duty of defense counsel to accurately advise noncitizens clients of immigration consequences, as announced in Padilla v. Kentucky, is retroactive under Massachusetts common law for convictions obtained after April 1, 1997. The SJC also found a separate...

Mass. High Court Breathes New Life Into Padilla in Commonwealth v. Sylvain

"In an important decision last week the Massachusetts Supreme Judicial Court (SJC) confirmed it will continue to part ways with the United States Supreme Court over the retroactive application of the Supreme Court’s 2010 decision in Padilla v. Kentucky , 559 U.S. 356, requiring effective crimmigration...

Mass. SJC on Advisals; 'Eligible' for Deportation an Inadequate Warning: Commonwealth v. DeJesus

" On Monday, the Massachusetts Supreme Judicial Court (SJC) held that a noncitizen received constitutionally ineffective assistance of counsel where his attorney warned only that a plea to an aggravated felony would make him “eligible for deportation” and that he “face[d] being...

Refugee Status is a 'Special' Special Circumstance re Withdrawal of Guilty Plea: Commonwealth v. Lavrinenko

"The issue on appeal is whether a noncitizen defendant, admitted into the United States as a refugee, is entitled to withdraw his guilty plea to a complaint charging assault by means of a dangerous weapon, where his attorney did not make a reasonable inquiry regarding the defendant's citizenship...