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Immigrant protection bills headed for House-Senate conference talks
Legislation aimed at protecting immigrants has passed both chambers of the Legislature and now moves to a House-Senate conference to reconcile differences.
Immigration – Habeas corpus
Where a habeas corpus petitioner has filed an emergency motion for immediate release from his present custody by U.S. Immigration and Customs Enforcement, both the petition and the motion should be denied because the petitioner has failed to meet his burden to show that his detention is unlawful.
Criminal – Immigration consequences – Admissions to sufficient facts
Where a defendant has challenged the validity of his admissions to sufficient facts, he is entitled to withdraw his admissions because the judge failed to inform him that they could have immigration consequences.
SJC allows plea to be vacated over immigration warning
A defendant should be allowed to withdraw his admissions to sufficient facts because the judge failed to inform him that such admissions could have immigration consequences, the Supreme Judicial Court has ruled.
Constitutional – Second Amendment – Immigration status
Where a defendant was charged with violating 18 U.S.C. §922(g)(5)(A)., which makes it unlawful for a person who is an alien “illegally or unlawfully in the United States” to possess a firearm, the dismissal of the indictment must be reversed because the government met its burden to show that §922(g)(5)(A) fits comfortably within the tradition of firearm regulation.
Constitutional – Second Amendment – Immigration status
Where a defendant was convicted under 18 U.S.C. §922(g)(5)(A) of possessing a firearm as an alien “illegally or unlawfully in the United States,” the denial of his motion to dismiss the indictment should be affirmed because the government has met its burden to show that §922(g)(5)(A) comports with the country’s tradition of firearm regulation.
Immigration – ‘Significant negative factor’ policy
Where a policy has been adopted by U.S. Citizenship and Immigration Services that treats an individual’s nationality as a “significant negative factor” in the adjudication of their benefit application if they come from one of the countries listed in presidential proclamations, a motion for a preliminary injunction should be granted in part, as (1) the plaintiffs are likely to succeed on thei[...]
Immigration – Habeas corpus – Removal
Where a petitioner subject to a final order of removal has requested a writ of habeas corpus, his petition should be dismissed without prejudice because there is a significant likelihood of his removal in the reasonably foreseeable future.
Immigration – Removal
Where a petitioner was removed to Colombia, his petition for judicial review should be dismissed in part for lack of jurisdiction and otherwise denied on the merits.
SJC hears arguments in Judge Joseph ethics case
The Massachusetts Supreme Judicial Court hears arguments on whether to publicly reprimand District Court Judge Shelley M. Richmond Joseph for ethics violations.
Policy treating some nationalities as ‘significant negative factor’ for immigration enjoined
A federal judge has enjoined a USCIS policy treating certain nationalities as a negative factor in immigration applications.
Habeas corpus – Custody – Deportation
Where a petitioner requested habeas corpus relief after being deported, the dismissal of her petition should be affirmed because she was not in the custody of any Massachusetts state official when she filed her petition.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
