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5/3: Civil Liberties Update from NIF

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  • SIUHIN@aol.com
    5/3: Civil Liberties Update from National Immigration Forum A News Information Service of NationaL Immigrant Solidarity Network URL:
    Message 1 of 1 , May 5, 2004
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      5/3: Civil Liberties Update from National Immigration Forum
      A News Information Service of NationaL Immigrant Solidarity Network
      URL: http://www.actionla.org/ISN/index.html

      You can view the entire news on the following link:

      1) CLINIC Press Release on 9/11 Commission Report
      2) Advocates Meet with DHS Inspector General
      3) Supreme Court Hears Oral Arguments on Enemy Combatants
      4) Reports and Articles of Interest

      Also, please read our recent: Police-immigration enforcemnet updates (4/30)

      Call to Action!
      Immigrant-Worker Solidarity Day Of Action and Conference During Anti-RNC
      Mobolization, New York!
      August 30 -31
      We Demands: No to Immigrant Bashing! Yes to Multiethnic Unity! No to
      Sweatshops! Yes to Workers' Rights!

      Called by: National Immigrant Solidarity Network
      Endorsed by: Center for Constitutional Rights, Latin American Solidarity
      Coalition, Million Workers March, Student Peace Action Network and many other
      human rights, labor and immigrant organizations.

      For more information, please contact:
      Tel: (213)413-1778 Lee Siu Hin (ActionLA) e-mail: siuhin@...

      Immigrant Leagal Cases Updates:
      looking for amici for Supreme Court case on aggravated felonies
      May 3, 2004

      From: Katherine Newell Bierman
      Staff Attorney, Immigrant Rights
      National Asian Pacific American Legal Consortium
      1140 Connecticut Avenue, NW, Suite 1200
      Washington, DC 20036
      phone: 202.296.2300
      e-mail: knewell@...

      There is a case currently before the Supreme Court that deals with the
      mandatory detention and deportation of lawful permanent residents who are convicted
      of crimes, Josue Leocal v. Attorney General No.03-583. Specifically, it
      addresses whether a conviction for driving under the influence of alcohol is a crime
      of violence, hence an aggravated felony, for purposes of mandatory detention
      and deportation. However, the brief illustrates problems with mandatory
      detention and deportation that go beyond this narrower issue, and makes a legal
      argument that, if applied in other factual circumstances, could provide broader

      Nancy Morawetz from NYU School of Law, who worked with many of us on amicus
      briefs for the St. Cyr and Kim Supreme Court cases, is working with a law firm
      to draft an amicus brief for this case, described below, and is looking for
      community-based organizations to join the brief. They hope to illustrate the
      human costs of broad application of mandatory detention and deportation and are
      looking for organizations that are closely connected to immigrant communities.
      For example, Citizens and Immigrants for Equal Justice and Families for
      Freedom in NYC are represented.

      Please contact Isabelle Young at IYoung@... AS SOON AS POSSIBLE to
      obtain a final copy of the brief and no later than THURSDAY May 6 to join as an
      amicus. The brief is going to the printers on Thursday so it is imperative you
      contact her right away. She will need from you a 1 paragraph “statement of
      interest” describing your organization.


      The law firm of Cleary Gottlieb is drafting an amicus brief on behalf of
      immigrant community organizations in the Leocal case, a case in which the U.S.
      Supreme Court will decide the issue of whether the offense of driving under the
      influence constitutes a crime of violence and therefore an aggravated felony.
      The amicus brief will focus on the harsh consequences, in the immigration
      context, of a conviction of an aggravated felony. The harsh consequences include,
      among other things, deportation, ineligibility for cancellation of removal,
      20 years imprisonment for reentry into the United States, etc. The amicus
      brief will provide examples of individual cases to illustrate the harsh
      consequences of a DUI conviction in the immigration context. In addition, the amicus
      brief will argue that given the ambiguity in the statute and the extremely harsh
      consequences which noncitizens convicted of DUIs suffer, the U.S. Supreme
      Court should apply the Rule of Lenity, which directs that statutory ambiguities
      in deportation provisions be resolved in favor of the noncitizen.

      A DRAFT BRIEF IS ATTACHED (not final). NAPALC has not yet fully reviewed this


      Please be advised that Section 206 of S. 1735 (The Gang Prevention and
      Effective Deterrence Act of 2003) contains a provision that would greatly expand the
      category of legal permanent residents who would be subject to mandatory
      detention and deportation. This bill is scheduled for mark up Thursday morning in
      the Senate Judiciary Committee. If this issue interests you, and you are not
      already receiving email traffic, please let me know.



      National Immigrant Solidarity Network
      No Immigrant Bashing! Support Immigrant Rights!
      webpage: http://www.actionla.org/ISN/ (For latest immigrant issues/news)

      ***Please consider making a donation to the important work of the ActionLA
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      *National Immigrant Solidarity Network is the part of the ActionLA Coalition
      and US-Mexico Border Actions Project

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