Immigration

SCOTUS rules on immigration case, life sentences for juveniles

June 25, 2012
Jennifer Nelson
The U.S. Supreme Court Monday affirmed in part and reversed in part Arizona’s controversial immigration law. The justices also found that a life sentence without possibility of parole for juveniles violates the Eighth Amendment.
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Law students help gain political asylum for clients

June 14, 2012
IL Staff
Three immigration clinic students from Indiana University Robert H. McKinney School of Law have won political asylum for two people – a young woman who fled to the United States after being subjected to female genital mutilation and a young man who feared persecution in Zimbabwe because of his HIV status.
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Proposals would add visas for STEM workers

June 6, 2012
Dave Stafford
Highly skilled immigrants are the focus of 2 bills introduced in Congress.
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Complicated code, preparer error could cause problems with immigrants' tax returns

June 6, 2012
Jenny Montgomery
An Indianapolis television station ran a series of reports in May about a “loophole” in the law that allows undocumented immigrants to claim tax credits for children living in other countries. But the reports – which relied on an anonymous tax preparer as a key source – failed to disclose the role of some tax preparers in filing bogus tax returns.
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7th Circuit affirms lower court in appeal over firing

May 21, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals has ruled that a bank did not violate a woman’s rights by terminating her employment because of her husband’s immigration status.
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Man not prejudiced by lawyer's failure to advise about deportation

May 17, 2012
Jennifer Nelson
A defendant’s trial counsel was deficient by not advising his client about the risk of deportation following a guilty plea, but the defendant wasn’t prejudiced by the performance, the Indiana Court of Appeals concluded.
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U.S. justices to rule on retroactivity of case involving guilty pleas by immigrants

April 30, 2012
Jennifer Nelson
The Supreme Court of the United States will hear a case that stems from its 2010 decision Padilla v. Kentucky, in which the justices held that criminal defense attorneys are obligated under the Sixth Amendment to advise noncitizen defendants about immigration consequences of pleading guilty. The justices will now rule on whether its decision is retroactive.<
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Judges rule in favor of California attorney in Simon case

February 29, 2012
Jennifer Nelson
A divided Indiana Court of Appeals has reversed the decision of a Marion Superior judge that denied a California attorney’s motion to dismiss a defamation lawsuit filed by Herbert and Bui Simon for lack of personal jurisdiction. The lawsuit stems from comments the attorney made to an Indianapolis television station regarding lawsuits involving the Simons.
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Valparaiso Law School hosts immigration conference

February 2, 2012
IL Staff
Valparaiso University School of Law will host a conference on children and immigration from 9 a.m. to 4 p.m. Feb. 10 at Wesemann Hall.
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Judges reverse denial of motion to suppress

January 20, 2012
Jennifer Nelson
The Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged him with forgery because his name on the sheet didn’t match what he provided to his employer.
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New suit filed protesting immigration law

January 4, 2012
Jenny Montgomery
The Mexican American Legal Defense and Education Fund has filed a lawsuit on behalf of La Union Benefica Mexicana, a nonprofit organization in East Chicago, protesting two previously unchallenged portions of Indiana’s new immigration law.
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SCOTUS takes Arizona immigration case, 7th Circuit bankruptcy case

December 12, 2011
Michael Hoskins
The Supreme Court of the United States has accepted several cases, including the high-profile Arizona immigration lawsuit and a bankruptcy case from the 7th Circuit Court of Appeals.
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COA addresses impact of guilty pleas on immigration status

November 28, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a man’s petitions for post-conviction relief, finding his attorneys’ failure to advise him of adverse immigration consequences of pleading guilty did not prejudice his defense.
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Stopped short

November 23, 2011
Jenny Montgomery
State tuition law creates chasm between undocumented immigrants and college.
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Knowing the possible consequences

November 23, 2011
Michael Hoskins
Legal community works to ensure defendants know plea agreements could impact immigration status.
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Laws on immigrant tuition vary

November 23, 2011
Jenny Montgomery
States differ on interpretation of federal law, create state statutes addressing in-state status for college students.
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AG wants federal government added to lawsuit

October 12, 2011
IL Staff
Indiana Attorney General Greg Zoeller filed motions in federal court Tuesday asking that the federal government be joined as a necessary party to the state’s immigration lawsuit.
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7th Circuit tackles 'novel' U visa review request

September 1, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has ruled it does not have jurisdiction to review immigration orders denying a specialized visa to a non-citizen trying to stay in the country after assisting in an investigation or prosecution.
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7th Circuit holds lawyer rule on impact of guilty plea for immigrants not retroactive

August 24, 2011
Michael Hoskins
A three-judge panel for the 7th Circuit Court of Appeals has determined a landmark decision from the Supreme Court of the United States last year isn't retroactive. That rule required criminal defense attorneys to advise clients about the immigration impact of signing a guilty plea, and this means past cases wouldn’t benefit from that holding even if those individuals had been deprived of that Sixth Amendment right.
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I-9 audits present legal concerns for businesses

July 6, 2011
Jenny Montgomery
Indiana’s chapter of the National Federation of Independent Business issued a press release June 23, urging Indiana businesses to prepare for I-9 audits. U.S. Immigration and Customs Enforcement has stepped up its audits of businesses nationwide in an effort to crack down on the employment of unauthorized immigrant workers.
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Judges halt enforcement of challenged laws

June 27, 2011
Jennifer Nelson
Two federal judges issued preliminary injunctions June 24 preventing parts of two new controversial laws regarding immigration and funding of Planned Parenthood of Indiana from being enforced.
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Students receive diverted sentences following protest in governor's office

June 22, 2011
On June 14, five undocumented immigrant students received diverted sentences for criminal trespass charges stemming from an incident in May.
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Immigrant students receive diverted sentences

June 15, 2011
Jenny Montgomery
On June 14, five undocumented immigrant students received diverted sentences for criminal trespass charges stemming from an incident in May in Gov. Mitch Daniels' office.
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Groups file suits against new law

June 8, 2011
Jenny Montgomery
The National Immigration Law Center, American Civil Liberties Union of Indiana, and the national ACLU Foundation Immigrants’ Rights Project filed a class action lawsuit May 25 challenging the wording of a new Indiana law designed to curb illegal immigration.
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Officials weigh-in on ACLU immigration lawsuit

May 26, 2011
Jenny Montgomery
The governor has no comment on a class-action lawsuit filed Wednesday regarding Senate Enrolled Act 590, said Jane Jankowski, spokeswoman for Gov. Mitch Daniels. The suit – filed by the American Civil Liberties Union of Indiana – aims to prevent two components of the immigration legislation from becoming law on July 1.
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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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