Shortage of Representation for Deportation Cases

The New York Times published an editorial on December 24, 2011, addressing the lack of competent legal representation for individuals facing deportation. The editorial was written based on a study in the Cardozo Law Review that focused on cases in New York state, surveying judges from five immigration courts.


The report revealed that in 14 percent of cases in New York state, "attorneys' preparation and knowledge of the law and the facts were 'grossly inadequate.'" and that growing majority of people had no representation at all. Between October 2005 and July 2010, there were nearly 15,000 cases (27 percent of the total) where immigrants had to appear in court without representation. Indigent immigrants who appear in immigration court are not entitled to court-appointed counsel - a difference between criminal court and immigration court. 


Meanwhile, Congress has cut funding for the federal Legal Services Corporation, which impacts not only immigrants seeking legal representation in immigration court, but also a large number of Americans who need legal aid in civil matters such as home foreclosures, evictions, and child support cases. 


The New York Times editorial suggested some improvements to the current system. For more information, click here. 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Improper Testimony Warrants Reversal of Conviction in Child Porn Case

The United States Court of Appeals for the First Circuit vacated a conviction against William Vazquez-Rivera, a man accused of possessing and transferring child pornography. The Court based its decision on grounds that the prosecution relied heavily on improper testimony that should have been excluded by the District Court during the trial.

Vazquez-Rivera was arrested in 2008 during an FBI operation that started with an agent posed as a fourteen-year-old girl in a chat room online. The messages centered on conversations that were sexual in nature, the exchange of child pornography, and a webcam video of a man who was masturbating where only his genitalia and hands were visible. However, Vazquez-Rivera’s wife testified that numerous individuals had access to their home and computers at any given time, including a housekeeper, the housekeeper’s children, and her own grandchildren. During cross-examination, one of the agents admitted that the government did not investigate the other IP addresses linked to the email account Vazquez-Rivera allegedly used to communicate with the undercover agent. Nonetheless, the jurors returned with a guilty verdict.

The First Circuit Court held that undercover agent’s testimony had “improperly alludes to unnamed investigators’ views without explaining what those were or whether they were based upon the record in evidence or these investigators’ perceptions,” according to the First Circuit Court’s opinion.

Even though undercover internet sting operations are a common, useful tactic used by law enforcement to catch predators, there is still the risk of zeroing in on an individual who may not actually be responsible for the act agents observe on their computer screens, warned the First Circuit Court. It is the duty of the government to link the acts in question with the individual accused of the crime beyond a reasonable doubt. The jury is charged with weighing the facts presented by both sides in a trial, but in this case, the First Circuit Court opined that “the prosecution’s repeated and extensive use of improper testimony” prevented Vazquez-Rivera from having a fair trial. 


For the complete opinion, click here. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Study Shows Immigration Creates Jobs For U.S. Workers

The American Enterprise Institute For Public Policy Research (AEI) and the Partnership For a New American Economy released a study that showed immigrants with highly skilled educational backgrounds help improve employment prospects for American workers. 


The report stated that "as many as 262 more native-born workers [are] employed for every 100 foreign-born workers with advanced U.S. degrees who work in science, technology, engineering, or math ("STEM") fields." Today, there is no employment visa for students who complete their advanced degrees in the United States. After these students graduate, they are offered a limited period of time to spend in a training program. Congressman Tim Griffin (R-AR) said that the effect of the current program is that "many highly skilled immigrants study in the U.S. but are forced to return home after graduation, where they work to strengthen their home nation's economy to compete against ours." 


The AEI/Partnership For a New American Economy study suggested specific legislative proposals that can be read about here. 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Puerto Rican Legislature Moves to Eliminate LGBT Protection Under Hate Crime Law

The Huffington Post reported that Puerto Rico's legislature has been working to eliminate protections currently provided by the existing hate crime law for people based on sexual orientation and gender identity. The U.S. Department of Justice released a report that revealed hate crimes are under-reported in Puerto Rico. 


Advocates are estimating that while there have been a reported 17 deaths related to hate crimes against gays in Puerto Rico since 2010, the actual figures are much higher. 


One case involved the brutal murder of a gay 19 year-old who was decapitated, dismembered, and burned two years ago in central Puerto Rico. His murder has not been investigated as a hate crime. 


LGBT rights activists argue that Puerto Rico's justice system does not protect the gay community and U.S. Representative Nydia M. Velazquez said that  amending the hate crime law to "weaken hate crime protections is an unconscionable affront to our community," according to the article. 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

United States Citizens Jailed, Accused of Being Illegal Immigrants

The New York Times reported that the Obama administration's crackdown on illegal immigration inadvertently has led to United States citizens being arrested due to flawed information from the Department of Homeland Security's databases. 


Immigration officials lack the authority to detain United States citizens. The report stated that local police officers are following instructions issued by federal immigration officials to detain individuals suspected of being illegal immigrants. Once arrested, every person is fingerprinted and checked against the Department of Homeland Security database for potential matches. If the result matches, local police have authority to hold a suspect for up to 48 hours. 


However, Antonio Montejano, an American citizen who was detained on November 5, 2011,  told the paper that "I told every officer I was in front of that I'm an American citizen, and they didn't believe me," because he "look[s] Mexican 100%." Montejano was released on November 9, 2011, after the American Civil Liberties Union provided ICE with proof of a United States passport and birth certificate that stated Montejano was born in Los Angeles, California. 


There have been 1.1 million deportations since President Obama took office.


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

2012 Estate and Gift Tax Exemption Increases

While the future of the gift tax and estate tax remains in the hands of Congress, we have some certainty for 2012. The Unified Credit Exclusion amount for gift and estate taxes is indexed to inflation and is set at $5.120,000 for the year 2012. The top gift and estate tax rate remains at 35%. Other inflation adjusted numbers have changed including the personal exemption ($3,800) and the standard deduction. More information can be found at Revenue Procedure 2011-52.

United States Supreme Court Overturns Important Board of Immigration Decision About Relief Available to Green Card Holders With Convictions Before April 1996

The United States Supreme Court reversed the Board of Immigration Appeals Decision,  Matter of Blake, 23 I.& N. Dec. 722 (2005) deciding that the BIA had acted arbitrarily in denying relief to immigrants who had certain criminal convictions before April 1996 and found that these green card holders should have been permitted to seek a waiver of deportation.   In particularly strong language, the Court stated:  "The BIA's [standard for determination] is unmoored from the purposes and concerns of the immigration laws.  It allows an irrelevant comparison between statutory provisions to govern a matter of utmost importance - whether lawful resident adults with longstanding ties to this country may stay here." Judulang v. Holder, Dec. 12, 2011.


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Supreme Court Will Hear Arizona Immigration Law Case

The Supreme Court will hear arguments on Arizona's law targeting illegal immigrants in late April, according to a report in The Boston Globe. Immigration is a controversial topic in the upcoming presidential election, and a ruling from the Supreme Court may impact how the issue plays out in the months ahead. 


There are approximately 12 million illegal immigrants living in the United States. Border states say that they are disproportionately affected by illegal immigration and needed to enact tough laws to protect its citizens. The Obama administration maintains that regulating immigration is the responsibility of the federal government. 


The Arizona law, S.B. 1070, was signed by Gov. Jan Brewer in April, 2010 and the Obama administration sued in July. The 9th Circuit U.S. Court of Appeals in San Francisco upheld a ruling to prevent enforcement of some provisions in the Arizona law, such as "requiring all immigrants to obtain or carry immigration registration papers; making it a state criminal offense for an illegal immigrant to seek work or hold a job; and allowing police to arrest suspected illegal immigrants without a warrant." 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Texting While Driving Increased Despite Bans

The Associated Press reported that according to a survey, drivers sending text messages while behind the wheel increased 50 percent in 2010. The findings were based on a national survey of 6,000 drivers conducted by the National Highway Traffic Safety Administration.  


Two out of 10 drivers admit to sending text messages while driving and most of those drivers are young adults. The survey revealed that nearly one in every 100 car drivers was texting, emailing, surfing the Web or otherwise using a hand-held electronic device. The Associated Press article said that many drivers don't think it is dangerous when they text, but feel it is dangerous when others do it. 


Thirty-five states, including Massachusetts, have adopted bans on texting while driving. The Massachusetts law went into effect in 2010 and bans the use of sending, writing and reading text messages while driving. Adult drivers are allowed to dial numbers to make phone calls, but drivers under the age of 18 are prohibited from using their cell phones in any manner while driving. The exception is for emergency use, such as calling 911 or calling for roadside assistance. A driver caught texting faces a $100 fine for the first offense, $250 for the second offense, and $500 for the third offense. 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

72 Indonesians in New Jersey Fear Deportation

The New York Times reported yesterday that a community of 72 Indonesians living in central New Jersey for the past two years have been ordered to leave the United States by the Department of Homeland Security. Many of the Indonesians had escaped their homeland because of religious persecution. 


The order comes as a surprise to immigration advocates. Earlier this year, the Obama administration shifted its immigration enforcement plan to focus on deporting undocumented immigrants with criminal records. The Department of Homeland Security issued a directive in June, 2011, that urged immigration agents and lawyers to use prosecutorial discretion in handling deportation cases. The report explained that prosecutorial discretion includes consideration of a variety of factors, such as the duration of time an undocumented immigrant has lived in the United States and whether the undocumented immigrant was brought here as a child. 


Most of the Indonesians that are seeking help from supporters have been living in the United States for about 10 years, have American-born children, are employed, and have no criminal records - meeting many of the criteria necessary for relief provided by the new prosecutorial discretion directive. 


Two members of the House of Representatives have plans to submit a bill to provide relief for the Indonesians who are facing deportation by "allow[ing] certain Indonesians who fled persecution in their homeland between 1997 and 2002 to resubmit asylum claims that had been denied because they missed a one-year filing deadline." 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Massachusetts Sues 5 Banks Over Foreclosures

Massachusetts filed a suit against 5 major banks on December 1, 2011, over unfair and deceptive foreclosure practices. The Associated Press reported that  Attorney General Martha Coakley filed the suit against Bank of America Corp., JPMorgan Chase &Co., Wells Fargo & Co., Citigroup Inc., and GMAC. The complaint named Mortgage Electronic Registration System., Inc. (MERS) and its parent company for failure to register legal transfers properly, which led to inaccuracies in Massachusetts' public land recording system. 


The article reported that Coakley announced at a press conference that "We have two clear goals with this lawsuit - one is to provide for real accountability for the role the banks have played in unlawful and illegal foreclosures, and secondly to provide for real and enforceable relief for the harm that the misconduct has caused." 


There had been settlement talks between the major banks and all 50 states that lingered for over a year following the housing crisis. The lawsuit filed by Attorney General Coakley will expose the banks to greater scrutiny by the court. One day after the suit was filed, GMAC Mortgage said it will cease to purchase new mortgage loans in Massachusetts but will honor its contractual obligations as a servicer and continue to serve existing customers.  


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

The Credibility of Memory in Court

The Supreme Court heard oral arguments last month about the reliability of witness testimony in case where a New Hampshire man was convicted of theft. The most persuasive evidence in that trial was an eyewitness account of a woman who claimed she saw the man from a distance at night. While the Court showed skepticism about whether there needs to be an additional safeguard in the law addressing the unreliability of witness testimony, a lawyer for the New Hampshire man argued that eyewitness testimony contributes to 75 percent of wrongful convictions.

Indeed, scientific research on the reliability of memory and its role in the criminal justice system has shown that witness testimony should be viewed as a general sketch of a story instead of a precise recording of events, according to a report in The New York Times. Studies conducted over 20 years support the notion that instead of serving as "the centerpiece of prosecution," eyewitness testimony needs to be handled with "the same fragility and vulnerability to contamination," in order to make such testimony more reliable in court. 

Some researchers said that witnesses are being asked questions by police and in courtrooms that are not possible to answer with complete accuracy because human brains "are not wired to retain every facet of an event." Even in crimes involving weapons, witnesses tend to focus closely on the weapon, remembering those details with accuracy, but will not notice other details present during the event. 

Many wrongful convictions are based on suspect lineups. Gary Wells, a psychology professor at Iowa State University, and his team researched whether a witness is likely to select accurately a suspect from a traditional lineup versus a lineup where various suspects are shown to the witness in sequential order. Dr. Wells' report showed that a traditional lineup is less accurate because "if the real perpetrator is not in there, there is still someone who looks more like him than the others," according to the article. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

A Shift Toward Prioritizing Deportation Cases

Two Brazilian students in Boston received a stay of deportation proceedings, a sign that the Obama administration has been implementing a federal directive issued back in June, 2011, according to a report in The Boston Globe.


The director of U.S. Immigration and Customs Enforcement urged federal immigration officials to "regularly" use their discretion to keep low-priority deportation cases, such as those involving students, the elderly, and other immigrants, from clogging up the system. The goal of the directive is to give the system an opportunity to deport convicted criminals and other high-priority cases more efficiently. 


Homeland Security announced that immigration agents and prosecutors would undergo prosecutorial discretion training by January, 13, 2012. 


The Boston Globe reported that "there are approximately 300,000 cases pending in immigration court nationwide and more than 8,000 in the Boston court, according to the Transactional Records Access Clearinghouse at Syracuse University." 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.