Immigration

Appeals Court Upholds Restrictions On Mandatory Detention

I recently reported on the District Court decision in Gordon v. Holder restricting mandatory detention to cases in which the person facing deportation is detained within a few days of release from state prison. This is an important decision because it is common for ICE to detain people years after they have served their time, […]

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Commonwealth V. Dejesus (the SJC makes itself absolutely clear)

Non-citizens have an absolute right to be advised properly regarding the immigration consequences of their pleas, and if they don’t, they can have their convictions vacated. It was not so long ago that the courts of Massachusetts and throughout the country said that the immigration consequences of a plea are a “collateral matter,” and that

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Gordon V. Johnson Common Sense Is Finally Imposed Upon The Mandatory Detention Process

The federal statute 8 U.S.C. § 1226(c), mandates detention for certain classes of criminal aliens. When a person is subject to mandatory detention there is no opportunity to seek bond from an Immigration Judge, and Immigration and Customs Enforcement (I.C.E.) itself is limited in its ability to give bond to such people. As a result,

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