LexisNexis® Legal Newsroom
How many criminals is ICE really deporting?

The Obama administration says it is deporting a record number of criminals. The truth, however, is more complicated — and the administration’s rhetoric may be influenced by the political tightrope it’s walking as it tries simultaneously to please Latinos and independent voters....

Bring Justice to Immigration Courts (Because Deportation is Different) - Angelo Paparelli

"Because of the legal charade that removal proceedings are "civil" and not "criminal" in nature , that deportation is not "punishment," foreign citizens whose immigration status is challenged at a removal hearing before an immigration judge enjoy no such rights...

When Will Gideon's Trumpet Blow in Immigration Court?

"Fifty years ago, the Supreme Court decided Gideon v. Wainwright, the landmark case that constitutionally guaranteed counsel to defendants in criminal cases in the United States. Together with the Court’s decision three years later in Miranda v. Arizona, the decision radically transformed...

Two Systems of Justice: How the Immigration System Falls Short of American Ideals of Justice

"There is a growing consensus that our immigration system is broken. Severe visa backlogs hurt U.S. businesses, undocumented workers are frequently exploited, and record levels of deportations tear families apart. While much energy is now focused on addressing these problems, one issue that is frequently...

Cal. Sup. Ct. on Immigration Advisement in Criminal Cases: People v. Martinez

"[Cal.] Penal Code section 1016.5 requires that before accepting a plea of guilty or nolo contendere to any criminal offense, the trial court must advise the defendant that if he or she is not a United States citizen, conviction of the offense may result in deportation, exclusion from admission...

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Nature of Charge in New Filings Seeking Removal Orders through August 2013: TRAC

"Only a small proportion of the filings in the Immigration Courts seeking to deport noncitizens have been based on alleged criminal activity." - TRAC, Sept. 2013 .

Free Webinar Tuesday October 1, 2013 - Criminalizing Migration: Excessive Prosecution and Punishment

"Human Rights Watch, the Immigrant Justice Network, and the National Immigrant Justice Center invite you to join a free webinar on Tuesday, October 1, 2013, from 2 – 3:30 PM EST (1 – 2:30 PM CST) to learn more about the skyrocketing increase in federal prosecutions of immigration offenses...

Fewer Deportation Cases Based on Convictions Filed

" Of all filings in the Immigration Courts seeking to deport noncitizens during fiscal year 2013, only one in seven (14.4 percent) have been based on alleged criminal activity. This proportion is roughly half what it was twenty years ago, when 28.5 percent -- more than a quarter -- of removal filings...

'Padilla' Advisal Added to Fed. R. Crim. P. 11(b)(1)

"Effective December 1, 2013, an amendment to Rule 11(b)(1) takes effect that requires a [federal district court] judge, during a plea colloquy, to inform the defendant and ensure that he understands that "if convicted, a defendant who is not a United States citizen may be removed from the United...

TRAC: Criminal Charges Continue Decline in Immigration Court

"Alleged criminal activity continues to turn up less and less often as the basis for new Immigration Court filings seeking removal orders. So far in fiscal year 2014, only 13.5 percent of individuals have been alleged to be removable based on criminal activity, according to the latest case-by-case...

Florida Court Holds Criminal Conduct Exclusion In E&O Policy Applicable

In its recent decision in Certain Interested Underwriters at Lloyd’s v. AXA Equitable Life Insurance Company , 2013 U.S. Dist. LEXIS 159639 (S.D. Fla. Nov. 7, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Southern District of Florida had...

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Florida Court Allows Rescission of a Professional Liability Policy

In its recent decision in Zurich American Ins. Co. v. Diamond Title of Sarasota, Inc ., 2013 U.S. Dist. LEXIS 170981 (M.D. Fla. Dec. 4, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Middle District of Florida had occasion to consider whether an...

ICE Sweeps Aimed at Criminals Deport Many With No Record

"More than 40 percent of the immigrants deported from Maryland under a sweeping federal program called Secure Communities have no prior criminal record — a percentage that puts the state among the top five in the nation for such deportations, an analysis by The Baltimore Sun shows." ...

Texas Immigration Jail Overcrowded; 90% of Detainees Not Criminals

"Recent contract documents reveal the Texas Port Isabel Detention Center is subjecting the average 1115 people it locks up each night to overcrowding, and that 90 per cent of them have no criminal records . On February 11 and 12, 2014 representatives from several private prison firms visited the...

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Insurer Held Not Liable for Losses Arising from the Insureds’ Alleged Ponzi Scheme Because Coverage Was Precluded By California Insurance Code Section 533

Dillon v. Continental Casualty Co. , 2014 U.S. Dist. LEXIS 41709 (N.D. Cal. Mar. 26, 2014), [ enhanced enhanced version available to lexis.com subscribers ]. In Dillon , the district court held that Insurance Code Section 533 (“Section 533”) [ enhanced version available to lexis.com subscribers...

TRAC: Civil Immigration Offenses Account for 80% of Immigration Court Deportation Orders

"Immigration Court judges have ordered 82,878 individuals deported so far this fiscal year, according to the latest data as of the end of August. But in only 16,375 of these cases, about one out of every five, had the government sought the removal order because of criminal or other activity that...

Roadmap to Prison: Lessons Learned from the Criminal Prosecution of Alpha Ambulance's Leaders

No one running an ambulance company ever planned to go to prison for doing his or her job. But that is a real possibility if the government knocks on the door, and the owner or manager is dishonest in his or her response to the inquiry. CMS contractors are increasing the number of audits they are performing...

How a Criminal Defense Lawyer Can Help You

(Image credit: http://upload.wikimedia.org/wikipedia/commons/b/b7/Law3.jpg) People or organizations embroiled in lawsuits due to accusations of criminal misconduct need to engage the services of a attorney to defend themselves. It is the duty of a lawyer to carry out research, do the paperwork...

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Non-US Companies and Executives at Risk from US RICO Law

By Kevin Walsh , Douglas Walter Mateyaschuk , Richard F. Hans , and Jean-Pierre Douglas-Henry More frequently than ever before, American plaintiffs and prosecutors are using US laws to target conduct that has little, if any, connection to the United States. Potential exposure to criminal and...

What Is On the Mind of the DOJ Environmental and Natural Resources Division?

On July 23, 2015, John Cruden, head of DOJ’s Environment and Natural Resources Division, gave this speech to the American Bar Association Litigation Section on the current direction of federal environmental enforcement efforts. It touches upon issues we are consciously or subconsciously managing...

D.C. Circuit to Decide Scope of Judges’ Authority in Approval Process for Deferred Prosecution Agreements

A federal judge exceeded his authority when he rejected a deferred prosecution agreement (DPA), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], entered into earlier this year by the U.S. Department of Justice (DOJ) and a Dutch aerospace company, the DOJ and company...