Dec
16

DHS Prioritizes Removal of Individuals with DUI Convictions

There are many reasons not to drink and drive, but now we’ll give you one more. As part of President Obama’s executive action on immigration reform, the Department of Homeland Security has a new set of civil immigration enforcement priorities. The new priorities are divided into Tier 1, Tier 2, and Tier 3 priorities from highest to lowest. Tier 1 includes suspected terrorists, gang members, aggravated felons, and other top priorities for removal. Tier 2 includes individuals convicted of three or more misdemeanors, excluding minor traffic-related crimes, as well as individuals convicted...

Nov
29

Protection against Search and Seizure in Immigration Proceedings

The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizures. In criminal cases, evidence discovered during an unreasonable search or seizure, such as during a warrantless arrest, can be suppressed in court. However, in civil cases, this “exclusionary rule” is generally not available.

The American legal system views immigration law proceedings civil matters. This was determined by the Supreme Court in the decision INS v. Lopez-Mendoza, 468 U.S. 1032 (1984). Because of this, the exclusionary rule usually cannot be used by respondents in immigration...

Mar
19

The Effect of Special Findings in Protection or Harassment Cases on Immigration Status

Most attorneys are aware that a finding of guilt in a criminal matter may create a consequence for his or her client if he or she is not a U.S. citizen.  For certain crimes, pleading guilty or being found guilty at trial will cause loss of lawful status, denial of a future application of citizenship, deportation, and/or denial of eligibility for relief from removal.  What about a judicial or administrative finding, or adjudication outside of the criminal court? This is an area that is not as clear cut, and understandably creates apprehension for both parties and attorneys. 

Whenever...

Apr
9

Solicitation of Prostitution – Morality Meets Deportation

Solicitation of Prostitution –  Morality Meets Deportation

The immigration consequences of a conviction for solicitation of a prostitute for several decades was not considered categorically a crime involving moral turpitude (hereinafter “CIMT”), although Wilson Law Group cautioned that it was potentially such a crime.  Recently, the Eighth Circuit issued an opinion in Gomez-Gutierrez v. Lynch definitively categorizing the 2006 version of the Minnesota solicitation of a prostitute statute as a CIMT. No. 14-3374, 2016 WL 362427, at*4 (8th Cir. Jan. 29, 2016).

Gomez-Gutierrez means that...

Mar
13

Five Immigration Facts Every Judge and Attorney Should Know

The Hon. Alan F. Pendleton of the Anoka County District Court cites Wilson Law Group in his recent judicial training update, which discusses the intersect of criminal and immigration law.  You can read the full document here:136-104-minnesota-judicial-training-update.pdf

Mar
14

WLG Newsletter: "Domestic Assault-Fear: No Longer a Safe Plea for Non-Citizens"

WLG published a "crimmigration" newsletter in July 2013 which discussed the immigration consequences of pleading guilty to a "Domestic Assault-Fear" charge.  Below is the text in full.  A PDF version is available here: 137-105-wlg-newsletter-domestic-assault-fear-no-longer-safe-plea-non-citizens.pdf

Domestic Assault-Fear: No Longer a Safe Plea for Non-Citizens

July 2013

The attorneys at Wilson Law Group, leading practitioners of immigration law in North America, have encountered an important development affecting noncitizen defendants that has surfaced in the last few months. Specifically,...

Mar
14

WLG Newsletter: "Is there a Safe Plea for Non-Citizens Charged with Solicitation of Prostitution?"

Wilson Law Group published its second newsletter discussing the intersection of criminal and immigration law.  The full text is below.  A PDF version is available at 138-107-wlg-newsletter-there-safe-plea-non-citizens-charged-solicitation-prostitution.pdf

Is there a Safe Plea for Non-Citizens Charged with Solicitation of Prostitution?

February 2014

THIS POSTING IS UPDATED.  Click here to learn the latest developments.   

Happy New Year, and welcome to the latest Wilson Law Group Newsletter.  In our July 2013 issue, Wilson Law Group addressed domestic assault.  In this edition, we focus...