Monday, July 27, 2015
U.S. District Judge Dolly Gee said federal authorities had violated key provisions of an 18-year-old court settlement that put restrictions on the detention of migrant children.
The ruling, released late Friday, is another blow to President Obama’s immigration policies and leaves questions about what the U.S. will do with the large number of children and parents who crossed the border from Latin America last year.
The Obama administration is detaining an estimated 1,700 parents and children at three detention facilities, two in Texas and one in Pennsylvania.
In her 25-page ruling, Gee blasted federal officials, saying that children had been held in substandard conditions at the two Texas detention centers. She found “widespread and deplorable conditions in the holding cells of Border Patrol stations.” In addition, she wrote that federal officials “failed to meet even the minimal standard” of “safe and sanitary” conditions at temporary holding cells.
“It is astonishing that defendants have enacted a policy requiring such expensive infrastructure without more evidence to show that it would be compliant with an agreement that has been in effect for nearly 20 years,” Gee wrote. Gee gave the government until Aug. 3 to explain why an order she plans to issue should not be implemented within 90 days.
Tuesday, April 14, 2015
Stanley Radtke, of the Law Office of Stanley Dale Radtke, has been selected to the 2015 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel. NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate.
Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law. Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC. This elite class of advocates consists of the finest leaders of the legal profession from across the nation.
Wednesday, January 14, 2015
The DHS funding bill was the opening shot in what is likely to be a contentious weekslong fight over how to deal with appropriations for the agency before its funding runs out at the end of February. For now, Republicans and Democrats have drawn lines in the sand: Most GOP House members said they would not vote to fund DHS without measures to end many of President Barack Obama's immigration policies, while Democrats and the president have vowed to oppose anything that includes those amendments.
But the vote also showed a schism in the House Republicans -- this time from moderates rather than the usual revolts by immigration hardliners. Those moderates nearly derailed an amendment to end the Deferred Action for Childhood Arrivals policy, or DACA, which helps undocumented immigrants who came to the U.S. as children. Twenty-six House Republicans joined with Democrats to oppose that amendment, which narrowly passed in a 218-209 vote.
The vote on the full bill was 236-191. Ten Republicans opposed final passage, and two Democrats split with their party to support it.
"We do not take this action lightly, but simply, there is no alternative," House Speaker John Boehner (R-Ohio) said in a floor speech just before the vote. "It's not a dispute between the parties or even the branches of our government. This executive overreach is an affront to the rule of law and to the Constitution itself."
Thursday, December 18, 2014
The decision was actually written up in the San Francisco Chronicle. Here is the link.
The decision was split, 2 to 1, and was based upon the denial by the trial court of a defense motion for a short continuance in order to try and locate a previously subpoenaed defense witness. Here is the link to the full decision at the court of appeal.
Saturday, November 8, 2014
The “Safe Neighborhood and Schools Act,” known as “Prop 47,” reduces certain felony and “wobbler” offenses for simple drug possession to straight misdemeanors, reduces many theft and burglary-related wobblers to straight misdemeanors and retroactively allows most people convicted of felonies under prior law to seek reduction of their convictions to misdemeanors if their crimes would not have been felonies if committed after November 5, 2014, the law’s effective date.
Under the new Prop 47 statute, aliens who have are being prosecuted for deportable felonies and wobblers now may be able to avoid convictions that would otherwise render them ineligible for relief from removal and those who have already been convicted may possibly reduce their convictions to misdemeanors and obtain relief from orders of deportation and removal.
As of the effective date of Prop 47, November 5, 2014, a new crime of “shoplifting” is now defined as entering a commercial establishment during business hours with the intent to steal items valued at $950 or less. Any such crime can no longer be charged as “theft” or “commercial burglary.”
This change in California criminal law is extremely important to anyone facing deportation or removal proceedings, since previously, District Attorneys across the state have been charging even “petty theft” crimes as “burglaries” and “theft,” creating the danger of deportation proceedings and possibly an “aggravated felony” with no relief if the sentence was one year or longer in jail.
Prop 47 also makes forgery of checks for “Non-Sufficient Funds”, “grand theft” and receiving stolen property all misdemeanors, unless the value of the checks or property involved exceeded $950.00.
Certain drug crimes will also receive more favorable treatment as “misdemeanors” under Prop 47. Simple possession controlled substances, as well as simple possession of concentrated cannabis or “hashish” are now misdemeanors. “Simple possession” generally means the drug was possessed for personal use and not for sale or trafficking to others.
These changes are enormously important, as many “possession” charges could have been classified as “felonies” under California law and considered “aggravated felonies” under the Immigration and Nationality Act, making a convicted immigrant ineligible for relief from removal.
The changes in the law, under Prop 47, apply to most defendants, except those previously convicted of certain sexually violent offenses, child molestation offenses, cases of elder abuse and homicide.
The provision of Prop 47 having perhaps the most immediate impact on deportation cases is the new California Penal Code section 1170.18, which permits a person previously convicted and sentenced to a felony that is now a misdemeanor to petition for resentencing under the new misdemeanor provisions. The sentencing court should resentence the petitioner in these cases, unless the person is considered an “unreasonable risk” to commit one of an enumerated list of certain violent crimes in the future. Under Prop 47, a post-conviction redesignation of a felony to a misdemeanor is valid for “all purposes,” including deportation treatment.
Aliens who have been ordered deported, are facing possible deportation due to previous convictions, or who are facing pending criminal charges are all impacted by this legislation. Any immigrant fitting in these categories should immediately consult with an immigration attorney to ascertain whether their criminal matter qualifies for relief under Prop 47.
Tuesday, November 4, 2014
Susan Xiao-Ping Su, founder and president of the phony Tri-Valley University, was accused of charging foreigners tuition and other payments for visa-related documents that allowed them to live in the U.S. while she purported that they were here legally to study. She made more than $5.6 million and used the money to buy commercial real estate, a Mercedes Benz and multiple homes, including one at a golf club, federal prosecutors said Monday.
U.S. District Court Judge Jon S. Tigar sentenced Su, 44, on Friday after she was convicted in March of visa fraud and other charges. She was also ordered to forfeit $5.6 million and pay more than $900,000 in restitution, prosecutors said.
"Student visas are intended to give people from around the world a chance to come to this country to enrich themselves with the vast learning opportunities available here," Tatum King, acting special agent in charge for Homeland Security Investigations, San Francisco, said in a statement. "But in this case, the defendant was interested in a different kind of enrichment, her own."
The Tri-Valley case is not unique in the San Francisco area. Jerry Wang, the chief executive officer of Herguan University and the University of East-West Medicine, is also facing visa fraud charges in connection with what authorities say is a similar scheme. He has pleaded not guilty and is scheduled to go on trial next month.
In the Tri-Valley case, employees testified that the school had no graduation or admission requirements, and that Su instructed her staff to fabricate transcripts and other documents.
The school described itself as a "Christian higher education institution" that provided higher education in engineering, business and ministry, according to court documents.
Su allegedly paid recruiters for referring new students