Institute & Meetings (2011 Litigation Meeting)

Litigation Meeting Materials

Folder Materials

• Agenda
• Participant Contact List
• Duane Morris Cocktail Reception
• Evaluation Form
• Reimbursement Form

How do we stop states and localities from adopting and enforcing local immigration measures? (Arizona copycat bills)

• Comparison of Reasonable Suspicion Provisions: Arizona-Utah-Georgia

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
  • Conditions
  • Transfers
  • 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

• Motions to Suppress: Preserving the “Egregious” Exception under Lopez-Mendoza

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 issues

• 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

Padilla issues

• Retroactive Applicability of Padilla v. Kentucky
• "Duty to Advise Noncitizens," by Erich C. Straub & Davorin J. Odrcic

Prosecutorial Discretion Survery

• AILA and AIC's Prosecutorial Discretion Survey