Supreme Court Upholds Deportation for Filling False Tax Return

The United States Supreme Court has ruled that Immigrations and Customs Enforcement has the authority to label the crime of filing false tax returns, an "aggravated felony," subjecting lawful legal immigrants to automatic deportation.  The case involved Akio and Fukado Kawashima, a Japanese couple who came to the United States in 1984 with a goal of succeeding in business.  They opened up and operated a few popular sushi restaurants in California.  They never became U.S. citizens but were granted lawful permanent residence in the 1980's.  However, in 1991 they filed tax returns in which they underreported their income.  The federal government filed criminal charges against them and they plead guilty and paid $245,000 in penalties and interest.  They paid the entire amount in full and the husband ended up serving 4 months in a federal prison.  Ten years later, the Immigration and Naturalization Service decided to deport them.  In a 6 to 3 decision, the Supreme Court sided with Immigration and Naturalization and the Kawashima's have now been deported.  Tax lawyers point out that this ruling sends an ominous warning to legal immigrants.  If they are caught lying on their taxes, not only could they be forced to pay heavy monetary penalties, but they could also be deported.  This would apply to any false statement on a tax return made by a legal immigrant.  Immigration officials point to a 1994 provision created by Congress which defined "aggravated felony" to include "fraud" and "deceit" that cost the victims more than $200,000.  That threshold has since been lowered to $10,000.  It seems that deportation would apply to cases in which criminal charges were filed, not in cases involving only a civil penalty sought by the IRS.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.legaldefenderspc.com or call us anytime at 1-800-228-7295.

Cook County Board Revisiting Immigration Hold Requests

The Cook County Board has agreed to hold hearings to reconsider whether to continue to hold defendants that have immigration holds on them in Cook County Jail.  In September, 2010, Cook County Commissioners voted to stop honoring requests from federal Immigration officials to hold suspected illegal immigrants while the federal government checked on their immigration status.  One of the reasons given by Board members for voting to not honor the requests was because this policy was putting defendants charged with minor criminal offenses at risk of being deported.  I also suspect that another reason was that the cost of holding these suspected illegal immigrants in jail until immigration officials picked them up was too much for Cook County.  However, a few weeks ago a defendant was released from custody after he was charged with killing a pedestrian in the Logan Square neighborhood.  The Defendant has since fled and ICE had put an immigration hold on him.  This story has caused the Cook County Board to revisit this move and has now agreed to hold hearings.  Board members have requested imput from the Office of the Cook County State’s Attorney and from the Cook County Sheriff.  One of the Board members has introduced a measure that would reinstate the policy of complying with federal immigration holds but only in cases involving violence and drugs or if the defendant is listed in a federal terrorist watch list.  The President of the Cook County Board is seeking to expand the inquiry to include a thorough review of how bond is set for all criminal defendants, regardless of immigration status.  Both the Office of the Cook County State’s Attorney and the Cook County Sheriff indicated that they look forward to participate in any future hearings.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Record Number of Deportations

For the third year in a row, Immigration and Customs Enforcement reported that another record has been broken.  They report that for the year ending in September, 396,906 people were deported.  A little more than half of the people deported had felony or misdemeanor convictions.  This represents an 89% increase over 2008.  More than 1,000 of those were convicted of murder, 5,800 convicted of sex crimes and about 80,000 convicted of drug related crimes.  Roughly 66% of those deported had recently crossed the border or had been caught crossing into the United States repeatedly.  Part of the reason for the high number of deportations of criminals has been attributed to the increasing involvement of local law enforcement officials and the Department of Homeland Security who report illegal immigrants to federal officials who request that they remain in local custody until their cases are concluded and then pick them up and place them into deportation.  What is concerning some people is that some of the people being deported only committed minor crimes.  Questions are being raised about whether the increased deportation efforts are warranted because due to the economic slow down, the number of illegal immigrants entering the United States is at the lowest its been in 40 years.  

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

1410 or 410 Probation - A Primer

As a continuing service to our readers, we are presenting our first  article in our "Primer" series

I frequently get calls from clients inquiring about different options for avoiding a felony conviction for a drug case.  An often misunderstood type of first time felony drug offender probation that allows defendants to avoid having a felony conviction is commonly known as 1410 or 410 Probation.  Here's how it works.  When you are sentenced to 1410 or 410 Probation, you plead guilty to the drug offense at the time of sentencing.  A Motion to Vacate your plea is entered and continued until the termination date.  Once you successfully complete your probation, your conviction is vacated, as if it never happened.  So, when someone runs your criminal record, it doesn't show a conviction.  However, a record of your arrest, and the court files and records will remain.  A background search will turn up those records and an employer may not hire you once they find out that you were once charged with a felony drug case.  The only way to remove the court records and the arrest record is to expunge or seal your records.  You can expunge the case 5 years after you complete your 1410 or 410 Probation.  The law does allow you to seal your case 4 years after completion of your 1410 or 410 probation.  However, expungement is much more thorough then sealing and sealing takes much longer than expungement so you are better off waiting for the expungement.  1410 or 410 Probation is a great alternative for first time drug offenders which allows them to avoid having a felony drug conviction on their record which will follow them around the rest of their lives.  Of course, in order to expunge or seal you must not catch any other cases after you completed your 1410 or 410 probation.

On a side note, 1410 or 410 probation may not preclude an alien from being deported by Immigration.  There is at least one case from this jurisdiction, Gill v. Ashcroft, 2003, which held that a sentence of 1410 or 410 probation is considered a conviction under immigration law.  Other jurisdictions have held differently and this issue may very well make its way to the United States Supreme Court.  But the point is that practitioners need to be aware of the potential immigration consequences of a sentence of 1410 or 410 probation.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Deportations For Criminal Convictions Increasing

U.S. Immigration and Customs Enforcement (ICE) revealed that 392,862 illegal immigrants were deported from the United States this year.  More than half of the people deported had criminal convictions.  This represents a 55 percent increase from 2008 and about 3,000 more deportations than the record number of deportations from last year.  Over 195,000 criminals were deported, a 70% increase over 2008.  The growing deportation trend shows that ICE is focusing more on deporting people that they consider to be violent and dangerous.

It's also interesting to note that the same report indicates that the number of people illegally entering the United States has dropped dramatically.  Between 2005 and 2007, about 300,000 illegal immigrants crossed the border each year down from 850,000 annually from 2000 to 2005.  It is estimated that there are roughly 11 million people in the United States without status.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Supreme Court Rules On Aggravated Felony For Immigration Purposes

The United States Supreme Court today issued a ruling on a case involving what is considered an aggravated felony for immigration deportation purposes.  Jose Angel Carachuri-Rosendo was convicted in state court of simple drug possession of a single Xanax pill a year after he had received 20 days in jail for possessing 2 ounces of marijuana.  The state prosecutor had the option to charge him with an aggravated felony because if was his second case, but chose not to.  The federal government sought to have him removed from the country because he had committed an aggravated felony on the basis that it was his second conviction which amounted to a serious, or aggravated felony.  Carachuri-Rosendo argued that he had not been convicted of an aggravated felony.  The Supreme Court held that the immigration court cannot enhance the state judgment by substituting its judgment over that of the state court.  Since there was no finding of recidivism by the state court, the immigration court cannot add their judgment to that of the state court.

The impact of this decision is that a second conviction does not automatically make someone eligible for deportation.  The federal government had argued that since a second conviction for a minor drug offense would be considered an aggravated felony under federal law, immigrants convicted of a second minor drug offense in state court would be subject to automatic deportations.  That is no longer the case and thousands of immigrants who fall under the same set of facts can now petition the immigration judge for leniency.  Before this decision, deportation was automatic and they could not seek leniency.  Carachuri-Rosendo, who was well over 30 years old, has been in the United States legally since he was 5 years old.  His common law wife, mother, sister and 4 children are all U.S. citizens.  Carachuri-Rosendo had actually been deported to Mexico.

The case is Carachuri-Rosendo v. Holder, 09-60.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Feds Arrest 600 Illegals With Criminal Convictions

The Department of Homeland Security has announced that they just concluded a 3 day sweep in which about 600 illegal aliens with criminal convictions were arrested.  Most of the illegal aliens arrested will be deported but 22 of them may be prosecuted for illegally entering the United States after they were deported.  Most of the arrests were made in Atlanta, Florida and Puerto Rico.  Those arrested came from over 60 different countries.  All, except for 24 of those arrested, had not been turned over to immigration officials when they were released from prison.  Immigration and Customs Enforcement estimates that at least 1 million illegal aliens with criminal convictions are currently in the United States.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Supreme Court Rules Courts Can Review Motions To Reopen Immigration Cases

Today the United States Supreme Court issued a ruling in an immigration case that may open the doors to courthouses for countless immigrants slated for deportation.  The ruling gives federal courts jurisdiction to hear decisions on motions to reopen decisions by the Board of Immigration Appeals.  The federal regulation gives discretion to the Attorney General and does not allow any review of his final decision.  However, the Supreme Court, relying on the longstanding tradition of judicial review of administrative action and an unwillingness to exempt judicial review of administrative decisions unless the statute clearly provides for it.  In this case the court found that such a prohibition does not exist in the legislation. 

The case involved an Albanian citizen who came to the United States in 1995 on a work visa.  The visa expired and he continued to remain in the United States.  In 1996 he applied for political asylum claiming he would be persecuted for his political beliefs if he returned to Albania.  He failed to appear for his asylum hearing and he was ordered to be deported.  He filed Motions to Reopen his case but the motions were denied by the Attorney General and the Board of Immigration Appeals.

An interesting twist to the case is that the government agreed with the petitioner that the federal court should have jurisdiction to hear the denial of his Motion to Reopen his case.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Colorado Supreme Court Rules Immigrants Tax Records Are Private

The Colorado Supreme Court issued an important decision that caused great anger among the Colorado Hispanic community.  An investigation was launched by Colorado authorities after a man told police that his identity had been stolen and he believed the identity theft occurred from a tax preparation agency that catered to the Hispanic community.  Police obtained a search warrant and seized the tax records of the agency.  Under federal law, tax returns are confidential.  Police seized thousands of pages of tax returns and were able to uncover about 1,300 people who were using false identities.  Dozens of people were arrested and many were actually deported.  The Colorado Supreme Court ruled that the search warrant was flawed because it was overly broad and did not state the identity of specific names or specific individuals.  The tax preparation agency catered to a heavily Hispanic population in an agricultural part of Colorado.  Illegal aliens, even though they are here illegally, are still required to pay income taxes.  If the court had ruled otherwise, it would have given law enforcement a new and powerful tool to investigate and prosecute illegal aliens.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Supreme Court To Hear Important Immigration Case

The United States Supreme Court has agreed to hear an immigration case which could affect whether immigrants can be deported for minor misdemeanor convictions.  The case involves Jose Angel Carachuri-Rosendo, who was deported to Mexico after he plead no contest to possession of Xanax without a prescription.  A year earlier he plead guilty to possession of less than 2 ounces of marijuana.  The federal government began deportation proceedings against Rosendo because under federal law, the second conviction made it a serious crime.  Rosendo lived in the United States as a legal resident with a fiance and four children, all of which are U.S. Citizens.  Under Texas law, both crimes were misdemeanors.  Rosendo was eventually deported.

The United States Supreme Court agreed to hear the matter after the Obama Administration backed Rosendo's request for Supreme Court review.  Review was requested because courts have been split on the issue of whether conviction of minor drug possession charges should be grounds for deportation.  The Supreme Court's decision could affect countless immigrant deportation cases.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Overhaul In Immigrant Detention Announced

Today, the Department of Homeland Security announced sweeping changes in the way that illegal immigrants are detained. The system houses an average of 32,000 detainees throughout the United States every day. The current system has been criticized for being cruel and inhumane. Currently, detainees are held in prison like facilities which are costly. The department announced that they will be coming up with new ways to detain nonviolent immigrants. Two new facilities will be built that will probably house the more violent immigrants. A facility in Texas will be converted to only hold women. The department plans on developing a system to electronically monitor immigrants and house them in converted hotels. The 350 contracts to state, county and municipal prisons will be reviewed and controlled by a centralized office. There's also plans to set up an online system to allow families to check on the status of their loved ones. Immigration and Customs Enforcement has a $2.5 billion budget to deal with the detention and deportation of illegal immigrants. Current detention procedures cost up to $100 per day per inmate. Some of the alternatives announced by the department may cost as little as $14 a day. The goal is to place inmates in appropriate places until they are deported. For instance, a nonviolent immigrant should not be treated the same way as a violent immigrant.

In researching to post this blog, I was surprised by the different headlines from different newspapers. For instance, the Christian Science Monitor headline read, "Some Illegal Immigrants to be Held in Old Hotels, Nursing Homes." The Houston Chronicle headline read, "More Detained Immigrants May Be Released." One New York Times article read, "Salvaging Immigration Detention." All of these articles were about the same story. Illegal immigration is a volatile and emotional issue. It's interesting how the views of a particular author or newspaper editor come out in the headlines. One article suggests we are salvaging immigration detention and the other starts off by saying that more illegal immigrants may be released.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us at 1-800-228-7295.