5/3: Civil Liberties Update from NIF
- 5/3: Civil Liberties Update from National Immigration Forum
A News Information Service of NationaL Immigrant Solidarity Network
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
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)
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