Search for: "VICTIMS OF ILLEGAL ALIEN CRIME"
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3 Aug 2008, 2:40 am
Here, "the essence of the Defendants' crimes involve harboring illegal aliens and forcing them to perform domestic labor," Varsha Sabhnani "actually caused serious bodily injury to the victims," the crimes of conviction carried substantial maximum sentences, and the harm to the victims, who had been "starved, tortured, cut and beaten over the course of years" was "truly grave. [read post]
21 Jul 2008, 9:14 pm
Watts, No. 07-2462 In an action brought under 42 U.S.C. section 1983 alleging that the defendants' failure to supervise resulted in arrests without probable cause, illegal warrantless searches, and use of excessive force, summary judgment for defendants is affirmed where plaintiffs failed to establish that the actions of defendants amounted to supervisory encouragement, condonation or acquiescence, or gross negligence amounting to deliberate indifference. [read post]
1 Jul 2008, 2:36 am
A person who, being an alien, is illegally or unlawfully in the United States. 6. [read post]
25 Jun 2008, 6:15 pm
Bush, No. 06-1195, 06-1196 In habeas proceedings brought by aliens detained at Guantanamo after being captured in Afghanistan or elsewhere abroad and designated enemy combatants by tribunals, the Court rules that petitioners have the constitutional privilege of habeas corpus. [read post]
27 May 2008, 9:50 am
Gonzalez-Terrazas, No. 07-50375 A sentence based on a guilty plea conviction for unlawful reentry of an alien after removal is vacated and the case remanded for resentencing where the district court erred in applying a 16 level crime of violence enhancement based on the defendant's prior conviction under California Penal Code section 459 for residential burglary. [read post]
24 May 2008, 11:25 am
Rolando Soriano is a Mexican citizen and is currently charged in Los Angeles with illegal entry by an alien following deportation. [read post]
19 May 2008, 8:55 am
Evid. 106; 5) admission of hearsay statements made by the victim; 6) admission of a missing person poster as unduly prejudicial; 7) a denial of a motion for recusal based on the court's alleged prejudgment on the ultimate issue of guilt; and 8) the sufficiency of the evidence to prove various elements of the kidnapping charge. [read post]
29 Apr 2008, 7:13 am
People of the State of New York, No. 06-0341 A state-party's failure to fulfill its obligation to inform a detained alien of the prospect of consular notification and access, pursuant to Article 36 of the Vienna Convention, cannot form the basis for the individual to bring an action for damages under the Alien Tort Statute (ATS), 42 U.S.C. section 1983, or directly under the Vienna Convention. [read post]
21 Apr 2008, 11:52 am
Clements, No. 07-2981 Conviction for possession of a firearm by a felon is affirmed over defendant's claims that: 1) his encounter with the arresting officers constituted an illegal seizure in violation of his Fourth Amendment rights; and 2) the district court judge violated his due process rights by failing to sua sponte order a competency hearing during trial. [read post]
9 Apr 2008, 4:43 am
Mar. 10, 2008)(New Mexico).Appeal of sentence for illegal reentry of deported alien previously convicted of aggravated felony in violation of 8 U.S.C. [read post]
8 Apr 2008, 9:47 am
Gomez-Herrera, No. 07-10153 A sentence for illegal reentry following removal is affirmed over a primary claim that Kimbrough v. [read post]
3 Apr 2008, 3:20 pm
"It was only a crime because of the status of the victim - student-teacher," Coffey's attorney said. [read post]
28 Mar 2008, 8:37 am
"Many of the victims of criminal aliens are illegal aliens themselves," said ICE spokesman Carl Rusnok. [read post]
25 Mar 2008, 1:09 pm
Urrieta, No. 07-5431 In a prosecution for being an illegal alien in possession of firearms and possession of unlawful identification documents, denial of defendant's motion to suppress evidence is reversed where, contrary to the ruling below, an extended detention violated defendant's Fourth Amendment rights. [read post]
11 Mar 2008, 8:46 am
Diaz, No. 06-2378 "Conviction and sentence for possession of a firearm and ammunition by an illegal alien are affirmed where: 1) police officers had a reasonable suspicion to believe that defendant was armed, thus they were justified in searching his car; 2) the evidence was sufficient to support the elements of the charges; 3) the prior convictions giving rise to defendant's sentence under the Armed Career Criminal Act did not need to be presented to the jury and proved… [read post]
10 Mar 2008, 1:32 am
A8488A
Titone -- Creates the crime of luring a child No Same as Last Act: 03/06/08 advanced to third reading cal.750
Last Action Date: 03/07/08(Results Count = ) Bill No. [read post]
5 Feb 2008, 8:11 am
Davis, 533 U.S. 678 (2001), does not authorize the continued and potentially indefinite detention of a removable alien based on a determination by the government that the alien's mental illness renders him a dangerous risk to the community. [read post]
30 Jan 2008, 7:35 am
" U.S. 5th Circuit Court of Appeals, January 24, 2008 US v. de Jesus-Ojeda, No. 05-41265 "Defendants' sentences arising from an illegal alien smuggling scheme is affirmed where the evidence was sufficient to support the jury's findings and sentencing enhancements under U.S.S.G. section 2L1.1(b)(5) and (6) were properly applied as, based on the facts of the case, it was foreseeable by participants in the scheme conducted in South Texas in August that others… [read post]
22 Jan 2008, 11:47 am
Evidence that suspected aliens were tired and did not answer the door did not add up to a reasonable belief that the suspected aliens were in need of immediate medical aid. [read post]
15 Jan 2008, 1:50 pm
Lopez-DeLeon, No. 06-41553 A sentence for illegal reentry is affirmed where defendant's prior California conviction for sexual intercourse with a minor qualified as a "crime of violence" within section 2L1.2(b)(1)(A)(ii) of the United States Sentencing Guidelines, as documents established that the victim in that matter was under the age of 14. [read post]
