In the News: Identity-theft law cannot be used for immigration law prosecution

Posted by on May 5, 2009 in Criminal Law and Immigration Issues, Identity Theft, Supreme Court |

The United States Supreme Court has ruled that prosecutors may not use an identity theft law as a tool to prosecute immigrants who do not knowingly steal the identity of another person. In Flores-Figueroa v. United States, the defendant used a false social security number in order to gain employment. The defendant was convicted and sentenced under an identity theft law. The Supreme Court ruled that the defendant must intentionally use another...

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BriefLaw: Commonwealth v. Nava

Posted by on Feb 13, 2009 in Case Law Summaries, Criminal Law and Immigration Issues |

Commonwealth v. Nava 2009 PA Super 28 (2/11/2009) Topic: State Judge requiring Illegal Alien to Leave Pennsylvania Summary: State judges are permitted to investigate the citizenship status of a defendant. Further, a sentencing judge may not order an illegal alien to leave the state: “Under the pretext of punishment, and the cover of the sentencing code, the trial judge has fashioned his own solution to the problem of illegal immigration...

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In the News: AZ Congressman proposed deportation for 3rd DUI

Posted by on Jan 15, 2009 in Criminal Law and Immigration Issues, DUI |

Arizona Representative Jeff Flake is proposing legislation that would make a third DUI a deportable offense for legal and illegal immigrants. Under the current law, an alien may only be deported for an aggravated felony or for a crime involving moral turpitude. Therefore, an alien convicted of multiple DUIs cannot be deported solely on those grounds. It should be noted, however, that under existing immigration law, an alien with multiple DUIs...

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In the News: WA proposes deporting jailed illegal immigrants before sentences are up

Posted by on Dec 31, 2008 in Criminal Law and Immigration Issues |

Governor Chris Gregoire of Washington state has proposed deporting convicted illegal immigrants before they complete their sentences. Gov. Gregoire notes that by deporting illegal immigrants before their sentences are fully served, the state stands to save $9 million over the next two years. Similar measures have been implemented in Arizona and New York. For more information, go to: Share this:Click to...

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