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Ninth Circuit on collateral attack, due process, waiver of appeal rights: U.S. v. Melendez-Castro

"Defendant Antonio Melendez-Castro appeals his conviction under 8 U.S.C. § 1326(b) for illegal reentry into the United States after being deported. Melendez-Castro challenges his conviction based on a collateral attack of the underlying removal order. We hold that a defect in Melendez-Castro’s...

Reentry Cases Swamp Federal Magistrates, District Courts

TRAC, Jan. 26, 2012 : DHS Referred Most Federal Criminal Prosecutions in October 2011 Number Latest Month 8,038 Percent Change from previous month 9.3 Percent Change from 1 year ago 0.8 Percent Change from 5 years ago (Including Magistrate...

Collateral Estoppel IJ Victory in Seattle

Devin Theriot-Orr writes: "From IJ Tammy Fitting in Tacoma. The decision reopens a 1996 Anna Ho deportation order based on a 2011 habeas corpus decision from the E.D. Wash. holding that the deport order violates due process. Some nice language on collateral estoppel. The real take away from this...

Proving Alienage: U.S. v. Terraza-Palma

"The weight of Ninth Circuit authority supports the conclusion that a finding of alienage, as noted in a defendant's warrant of removal, is inadmissible hearsay that may not be used to prove the alienage element of a § 1326 offense. Accordingly, Defendant's motion to exclude immigration...

Reentry Cases Clog Penn. Courts

"Immigration cases were almost nonexistent in Western Pennsylvania's federal courts until 2005. The caseload since then, Mr. Hickton said, is "largely a function of what the investigative agencies bring to us," adding that immigration prosecution is "a fluid and evolving situation"...

Judge: Border Prosecutions 'Destroy Families Every Day'

"The skyrocketing criminal prosecutions of migrants for illegally entering or reentering the United States carry huge human and financial costs, Human Rights Watch said in a report released today. Imprisoning migrants with minor or no criminal records before deporting them often affects people seeking...

The Rise of Federal Immigration Crimes: Unlawful Reentry Cases Drive Growth

"While the Obama administration claims that its immigration-enforcement efforts are focused on the apprehension of dangerous criminals and terrorists, federal statistics indicate that a great deal of time, effort, and money are devoted to locking up and deporting immigrants who aren’t a threat...

Proposed Sentencing Reform in Illegal Re-entry Cases: The Quiet Crackdown - Julissa Arce

Julissa Arce, Apr. 8, 2016 - "The lack of media coverage and silence among politicians and presidential candidates on the proposed changes by the USSC are alarming, and frankly, disappointing since it is relevant to two hotly debated issues this year — immigration and criminal justice. These...