Carachuri-Rosendo v. Holder

The Associated Press reports that the Supreme Court recently heard the case of Carachuri-Rosendo v. Holder. The case involved a Mexican immigrant who was deported after a minor drug conviction, his second such conviction. Carachuri-Rosendo was caught with a single tab of Xanax, after being charged with possession of marijuana under two ounces a year prior.

The Federal government ruled that he could not appeal to an immigration judge for leniency because as a second time violator, his conviction amounted to a serious, or aggravated felony.

However, Justice John Paul Stevens, writing for the majority, said that the local prosecutor in Texas could have charged Carachuri-Rosendo with being a repeat offender, but didn’t. Thus he was not convicted of a crime that would result in automatic deportation, and can now appeal the deportation decision. Justice Stevens noted that the immigrant, and others in his position, ‘may now seek cancellation of removal and thereby avoid the harsh consequence of mandatory removal.’ He noted, though, that immigrants can still be deported in such cases.

http://www.chron.com/disp/story.mpl/ap/tx/7052420.html

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Judge: Gov't can be sued in RI detainee death case

The Associated Press reports that a judge denied the Federal government’s request to be dismissed from a lawsuit over the death of an immigrant detainee in Rhode Island.

Hiu Lui ‘Jason’ Ng died of liver cancer while in custody of the Donal W. Wyatt detention center. The lawsuit, filed by his widow, alleges abuse and medical negligence. US Immigration and Customs Enforcement (ICE) officials acknowledged that Ng was mistreated, but claimed that the government couldn’t be held responsible for the actions of an independent contractor.

A US District Judge denied the government’s motion. A representative of the ACLU, which took charge in organizing the lawsuit, was pleased that the case against the government could now move forward.

http://www.washingtonpost.com/wp-dyn/content/article/2010/06/14/AR2010061404212.html

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Concerns Over Kagan's Immigration Views Add to Debate Ahead of Hearing

Fox News reports that Republicans plan to grill Supreme Court Justice Nominee Elana Kagan on her involvement in a federal challenge to a 2007 Arizona law. The law gives the state the right to suspend business licenses of employers who hire illegally present immigrants.

Fourteen Republican lawmakers wrote a letter to Sen. Jeff Sessions urging him to press Kagan on her role in the administration’s May filing of the lawsuit. Other issues expected to arise in the confirmation hearings include questions on the second amendment and gun rights, and questions regarding her decision to ban military recruiters from the career center at Harvard Law.

http://www.foxnews.com/politics/2010/06/25/concerns-kagans-immigration-views-add-debate-ahead-hearing/

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Chamber of Commerce v. Candelaria

The Associated Press reports that the Supreme Court has agreed to hear a challenge from business and civil liberties groups to an Arizona law that punishes employers who hire illegally present or undocumented workers. The law in question requires employers to verify the eligibility of potential employees through a federal database, E-Verify. The law also imposes sanctions if companies knowingly hire undocumented workers.

The ACLU, amongst others, alleges Arizona is overstepping its authority. Only Congress, they say, has the power to legislate about immigration. The Obama administration lent its support to the ACLU on the matter, agreeing that federal immigration law trumps state efforts. This case could establish precedent for the impending lawsuits against Arizona’s recently passed SB 1070.

http://www.washingtonpost.com/wpdyn/content/article/2010/06/28/AR2010062802133.html

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