Litigation Meeting Materials
Folder Materials
- Agenda [1]
- Participant Contact List [2]
- Duane Morris Cocktail Reception [3]
- Evaluation Form [4]
- Reimbursement Form [5]
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
- 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 [7]
- Law treatise section of restraint of prisoners [8]
- "Litigating Immigration Detention Conditions [9]" (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 [11] finding government must appoint representation for two individuals with mental disabilities (2011) and plaintiff’s brief [12]
- Matter of L-T-, brief [13] addressing right to counsel for noncitizen with mental disabilities (2010)
- Matter of B-Z-, brief [14] addressing right to counsel for noncitizen with mental disabilities (2011)
- Gonzalez Machado v. Ashcroft, order [15] granting motion to dismiss in case seeking appointed counsel for child (2002)
- Gocke v. Ashcroft, Report and Recommendation [16] finding right to appointed counsel for person with mental disability and Order [17] 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 [18]
- Washington Defender Association Advisory - Immigration Detainers: Practice Advisory Overview for Defenders [19]
- A Dangerous Merger: ICE Enforcement Programs in the Criminal Justice Program [20]
- Castro v. Lignitz & Walraven [21] (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 [22], by Erich C. Straub, Davorin J. Odrcic and Steve Laxton (Jan. 5, 2011)
Criminal issues
- Criminal-immigration Issues Session Handout [23]
- Removal Defense Checklist [24]
- Multiple Drug Possession Cases after Carachuri-Rosendo v. Holder [25]
- Practice Tip: Fair Sentencing Act [26]
- Silva-Trevino monitoring [27]
- 212(h) Defense Update [28]
Problems related to removal proceedings
- EOIR Memo on Courtroom Security [29]
- San Francisco Immigration Judge Survey 2010 [30]
- Objecting to Video Merits Hearings [31]
Padilla issues
- Retroactive Applicability of Padilla v. Kentucky [32]
- "Duty to Advise Noncitizens," by Erich C. Straub & Davorin J. Odrcic [33]