LexisNexis® Legal Newsroom
Native Americans jump on anti-immigrant bandwagon

"Tenants of the Tesuque Trailer Village will have to pay $126.50 more per month to rent their mobile-home spaces — and show proof that everyone in the household is living in the U.S legally. The pueblo notified residents in a letter dated Oct. 17 that all tenants must sign new rental...

Immigration advocates to fight NM license-law repeal effort

"Days before the state Legislature convenes, opponents of Gov. Susana Martinez's effort to halt issuance of New Mexico driver's licenses to undocumented immigrants gathered Saturday at a Roman Catholic church in Santa Fe to share information and talk about lobbying efforts. Organized...

New Mexico Court of Appeals on Padilla Retroactivity: State v. Ramirez

"Martin Ramirez, a/k/a Richard Sanchez, (Petitioner) appeals the district court's denial of his writ of coram nobis, which sought to vacate Petitioner's twelve-year-old conviction due to ineffective assistance of counsel under State v. Paredez, 2004 NMSC 36, 136 N.M. 533, 101 P.3d 799. Paredez...

Excerpts From the Sept. 1, 2012, Bender's Immigration Bulletin

Deferred Action for Childhood Arrivals Begins In mid-June, Secretary of Homeland Security Janet Napolitano announced that certain young people who came to the United States as children and who meet certain key guidelines might be eligible, on a case-by-case basis, to receive deferred action (17 Bender's...

Court Enjoins New Mexico's Foreign National Residency Certification Program

"Immigrant advocates in New Mexico praised a court settlement announced last week that effectively laid to rest a controversial driver’s license certification program implemented by the state Motor Vehicle Division (MVD) last year. In a mutually-agreed upon resolution to a legal challenge...

New Mexico Sisters Sue County Over ICE Detainer Procedures

"Two sisters filed a federal lawsuit Wednesday against Doña Ana County, alleging the county jail held them illegally for immigration reasons after their mother tried to bond them out. They're seeking for it to be declared a class-action lawsuit, which would bring more plaintiffs into...

CBP to Extend Range of BCC 'Laser Visas' in New Mexico to 55 Miles

"U.S. Customs and Border Protection submitted to the Federal Register today a final rule that will extend the border zone up to 55 miles, from the current 25 mile restriction, for Border Crossing Card (BCC) holders crossing from Mexico into the state of New Mexico. This change allows BCC holders...

New Mexico Supreme Court on Chaidez: Ramirez v. State

"In State v. Paredez, 2004-NMSC-036, ¶ 19, 136 N.M. 533, 101 P.3d 799, we held that a criminal defense attorney who represents a noncitizen client “must advise that client of the specific immigration consequences of pleading guilty” to pending charges. An attorney’s failure...

NM SUPREME COURT: PADILLA APPLIES RETROACTIVELY

"In an important decision, the New Mexico Supreme Court held that Padilla v. Kentucky , 559 U.S. 356 (2010), applies retroactively to 1990. Ramirez v. State , No. 33,604, slip op. (N.M. June 19, 2014). The court’s decision departs from the U.S. Supreme Court’s ruling in Chaidez v. United...

NM Immigration Jail Designed to Expedite Deportation

"A detention center being opened in southeastern New Mexico to deal with the surge in women caught crossing illegally with children into the U.S. from Central America will be focused on deporting the immigrants quickly, officials said Thursday." - Juan Carlos Llorca, AP, June 27, 2014 .

Partial Settlement in Body Cavity Border Search Lawsuit

"A woman who sued a border-area hospital and agents with U.S. Customs and Border Protection after being subjected to what she argued was an unwarranted body cavity search for drugs has settled part of the lawsuit for $1.1 million. The woman, a resident of New Mexico who is called “Jane Doe”...

'Necessity' Drives Border Crossers, Despite Harsh Consequences

"Judge Robert Brack’s courtroom – a cavernous hall with high ceilings, an elevated dais and rows of dark wood pews – marks the last stop for hundreds of migrants each month before they are sent home as felons. They come through his court at a rate of about a dozen per day, chained...

N.M. Court Tosses Old Pot Conviction Due To Ineffective Assistance of Counsel

"The order was short, but for Martin Ramirez, very sweet. After years of litigation that took his case to the New Mexico Supreme Court, the misdemeanor convictions he acquired over a decade ago – and which made his efforts to become a legal resident virtually impossible – were set aside...

ICE Starts School for Kids Locked Up at Artesia

In order to try to avoid Hutto-like litigation , ICE is attempting to comply with New Mexico state law by giving classes to kids locked up at Artesia.

D.N.M. on Habeas, Court-Stripping, Suspension Claus, Expedited Removal, Artesia: M.S.P.C v. CBP

"[T]he plain language of Section 1252 strips this Court of jurisdiction to consider Petitioner’s claims. ... This Court recognizes the harsh consequences that this statutory scheme places on aliens who may receive an erroneous negative fear determination by both the asylum officer and immigration...

News Excerpts From the Feb. 15, 2012, Bender’s Immigration Bulletin

Arizona Must Issue Drivers’ Licenses to DACA Recipients | On January 22, 2015, District Judge David G. Campbell permanently enjoined Arizona from refusing to issue drivers’ licenses to beneficiaries of the Deferred Action for Childhood Arrivals program, finding that the state’s policy...

Lawsuits Filed in N.M. Over ITINs, Taxes

"MALDEF filed two lawsuits in state district court against the New Mexico Taxation and Revenue Department and Secretary Demesia Padilla (collectively, "TRD") for unlawfully withholding millions of dollars from immigrant taxpayers using federal Individual Tax Identification Numbers ("ITINs"...

Ticket to Nowhere

Peter St. Cyr, Santa Fe Reporter - Shady consultants in New Mexico lure immigrants with a dream that can't be bought.