Brief of Amici Curiae Criminal and Immigration Law Professors, Capital Area Immigrants' Rights Coalition, Washington Lawyers' Committee for Civil Rights and Urban Affairs, and Western Kentucky Refugee Mutual Assistance Society, Inc. In Support of Petitioner PDF Download
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Author: Stephanos Bibas
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Languages : en
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This is a brief of amici curiae criminal and immigration law professors et al. in support of certiorari petition in Padilla v. Kentucky, 130 S. Ct. 1473 (2010) (08-651). This brief discusses the history, doctrinal, and policy issues involved in the lower federal and state courts' interpretation of the Sixth Amendment's guarantee of effective assistance of counsel in relationship to the immigration consequences of a criminal conviction. It also discusses the historical relationship between immigration and criminal law and the impact it has had on noncitizen immigrants that are involved in the criminal justice system. Because of the intertwined relationship that immigration and criminal law have had over the last thirty years, large circuit splits have occurred on this issue. Therefore, in this brief, amici curiae requests that the court grant certiorari on the case in order to resolve the circuit splits and answer the question as to whether there is a duty under the Sixth Amendment to advise as to the immigration consequences of a criminal conviction.
Author: Stephanos Bibas
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Languages : en
Pages : 0
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Book Description
This is a brief of amici curiae criminal and immigration law professors et al. in support of certiorari petition in Padilla v. Kentucky, 130 S. Ct. 1473 (2010) (08-651). This brief discusses the history, doctrinal, and policy issues involved in the lower federal and state courts' interpretation of the Sixth Amendment's guarantee of effective assistance of counsel in relationship to the immigration consequences of a criminal conviction. It also discusses the historical relationship between immigration and criminal law and the impact it has had on noncitizen immigrants that are involved in the criminal justice system. Because of the intertwined relationship that immigration and criminal law have had over the last thirty years, large circuit splits have occurred on this issue. Therefore, in this brief, amici curiae requests that the court grant certiorari on the case in order to resolve the circuit splits and answer the question as to whether there is a duty under the Sixth Amendment to advise as to the immigration consequences of a criminal conviction.
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In light of this work, ADL is acutely aware of the escalation of Immigration and Customs Enforcement (ICE) arrests in and around New York courthouses, which has had a chilling effect on the reporting of crime and the ability of victims and witnesses to access our justice system. [...] The Immigration Practice of the Bronx Defenders provides advice and counsel to nearly 1,000 non-citizen clients each year throughout the pendency of their cases in both Criminal and Family Court to avoid or mitigate negative immigration consequences and provides removal defense services to hundreds of detained and nondetained immigrants in removal proceedings. [...] Since the drastic increase of ICE civil arrests in or around courthouses in New York, many of CAL's noncitizen clients have had to weigh the risk of ICE arrest and resulting separation from their homes and families against the opportunity to vindicate their due process rights and claims. [...] In light of its commitment to ensuring equal access to justice, in 2017 Modern Courts investigated the impact of ICE enforcement activities and published a report entitled "Protecting the Administration of Justice in New York State: Impact of ICE Arrests on New Yorkers" Access to State Courthouses." In addition to documenting the relevant factual background, the Modern Courts' report proposed four. [...] NYLAG therefore is in a unique position to provide information relevant to the case to the court, and has a strong interest in the outcome of this proceeding.
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Author: Edwin Rekosh
Publisher:
ISBN: 9780966272536
Category : Public interest law
Languages : en
Pages : 357
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Author: Jerome P. Bjelopera
Publisher: DIANE Publishing
ISBN: 1437940234
Category :
Languages : en
Pages : 135
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This report describes homegrown violent jihadists and the plots and attacks that have occurred since 9/11. For this report, "homegrown" and "domestic" are terms that describe terrorist activity or plots perpetrated within the United States or abroad by American citizens, legal permanent residents, or visitors radicalized largely within the United States. The report also discusses the radicalization process and the forces driving violent extremist activity. It analyzes post-9/11 domestic jihadist terrorism and describes law enforcement and intelligence efforts to combat terrorism and the challenges associated with those efforts. It also outlines actions underway to build trust and partnership between community groups and government agencies and the tensions that may occur between law enforcement and engagement activities.
Author: Robert D. Cooter
Publisher: Princeton University Press
ISBN: 0691147922
Category : Business & Economics
Languages : en
Pages : 344
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"Cooter and Schfer provide a thorough introduction to growth economics through the lens of law and economics. They do a masterful job of weaving in historical anecdotes from all over the world, detailed discussions of historical transformations, theoretical literature, empirical studies, and numerous clever hypotheticals. Scholars as well as general readers will find this book to be very useful and informative."--Henry N. Butler, George Mason University -- "This book distills and presents in a lucid and often even entertaining way the main insights and contributions of law and economics to meeting the challenges of growth for developing countries. Cooter and Schfer argue that market freedom is the key to growth, but that it needs to be sustained by the appropriate legal rules and institutions."--Robert Howse, coauthor of "The Regulation of International Trade."
Author: Maya Schenwar
Publisher: Haymarket Books
ISBN: 1608466841
Category : Political Science
Languages : en
Pages : 226
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Essays and reports examining the reality of police violence against Black and brown communities in America. What is the reality of policing in the United States? Do the police keep anyone safe and secure other than the very wealthy? How do recent police killings of young Black people in the United States fit into the historical and global context of anti-blackness? This collection of reports and essays (the first collaboration between Truthout and Haymarket Books) explores police violence against Black, brown, indigenous, and other marginalized communities, miscarriages of justice, and failures of token accountability and reform measures. It also makes a compelling and provocative argument against calling the police. Contributions cover a broad range of issues including the killing by police of Black men and women, police violence against Latino and indigenous communities, law enforcement’s treatment of pregnant people and those with mental illness, and the impact of racist police violence on parenting. There are also specific stories such as a Detroit police conspiracy to slap murder convictions on young Black men using police informant, and the failure of Chicago’s much-touted Independent Police Review Authority, the body supposedly responsible for investigating police misconduct. The title Who Do You Serve, Who Do You Protect? is no mere provocation: the book also explores alternatives for keeping communities safe. Contributors include William C. Anderson, Candice Bernd, Aaron Cantú, Thandi Chimurenga, Ejeris Dixon, Adam Hudson, Victoria Law, Mike Ludwig, Sarah Macaraeg, and Roberto Rodriguez. Praise for Who Do You Serve, Who Do You Protect? “With heartbreaking, glass-sharp prose, the book catalogs the abuse and destruction of Black, native, and trans bodies. And then, most importantly, it offers real-world solutions.” —Chicago Review of Books “A must-read for anyone seeking to understand American culture in the present day.” —Xica Nation “This brilliant collection of essays, written by activists, journalists, community organizers and survivors of state violence, urgently confronts the criminalization, police violence and anti-Black racism that is plaguing urban communities. It is one of the most important books to emerge about these critical issues: passionately written with a keen eye towards building a world free of the cruelty and violence of the carceral state.” —Beth Richie, author of Arrested Justice: Black Women, Violence, and America’s Prison Nation
