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.