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Institute & Meetings (2011 Litigation Meeting)
Litigation Meeting Materials
How do we stop states and localities from adopting and enforcing local immigration measures? (Arizona copycat bills)
Prolonged detention/detention conditions
Outline of questions for discussion in the detention small group session
1. Larger perspective discussion
- What are our overall goals with respect to immigration detention? What do we want to accomplish?
- What aspects of these goals can be achieved through litigation?
- Until now, litigation and litigation strategizing has focused on the following areas:
- Prolonged and mandatory detention
- Short-term detention conditions
- Obtaining a prompt hearing before an IJ for all detained
- Damages for unlawful detention
- FOIA suits to obtain detention related information
- Are these the right issues to be focusing on and/or are there other issues we should be addressing?
2. Move onto a discussion of specific issues and work to be done on those issues
- Mandatory Detention Tips
- Law treatise section of restraint of prisoners
- "Litigating Immigration Detention Conditions" (current as of 2008)
Motions to Suppress
How do we obtain government appointed attorneys in removal proceedings?
- Franco-Gonzales v. Holder, Amended Preliminary Injunction Order finding government must appoint representation for two individuals with mental disabilities (2011) and plaintiff’s brief
- Matter of L-T-, brief addressing right to counsel for noncitizen with mental disabilities (2010)
- Matter of B-Z-, brief addressing right to counsel for noncitizen with mental disabilities (2011)
- Gonzalez Machado v. Ashcroft, order granting motion to dismiss in case seeking appointed counsel for child (2002)
- Gocke v. Ashcroft, Report and Recommendation finding right to appointed counsel for person with mental disability and Order not adopting R&R (2003)
How do we prevent local enforcement agencies from cooperating with DHS? (Detainers, 287(g), Secure Communities)
- National Immigration Forum Backgrounder: Quick Information on Immigration Detainers and List of Settled and Pending Federal Lawsuits
- Washington Defender Association Advisory - Immigration Detainers: Practice Advisory Overview for Defenders
- A Dangerous Merger: ICE Enforcement Programs in the Criminal Justice Program
- Castro v. Lignitz & Walraven (description of case and link to complaint) - case challenging implementation of 287(g) program in Cobb County, GA
- IMMIGRATION DETAINERS AND UNLAWFUL DETENTION: A Guide for Criminal Attorneys, by Erich C. Straub, Davorin J. Odrcic and Steve Laxton (Jan. 5, 2011)
- Criminal-immigration Issues Session Handout
- Removal Defense Checklist
- Multiple Drug Possession Cases after Carachuri-Rosendo v. Holder
- Practice Tip: Fair Sentencing Act
- Silva-Trevino monitoring
- 212(h) Defense Update
Problems related to removal proceedings
- EOIR Memo on Courtroom Security
- San Francisco Immigration Judge Survey 2010
- Objecting to Video Merits Hearings
- Retroactive Applicability of Padilla v. Kentucky
- "Duty to Advise Noncitizens," by Erich C. Straub & Davorin J. Odrcic
Prosecutorial Discretion Survery
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