US v. Arellano-Banuelos

(United States Fifth Circuit) – Remanded for further findings as to whether an alien’s statements to a federal immigration agent should have been suppressed on grounds that he was not read his Miranda rights. The alien made the damaging admissions during an interview conducted while he was in state prison on other charges.

US v. Foster

(United States Fifth Circuit) – In an amended opinion, held that a defendant was entitled to a new trial on charges of transporting aliens for commercial advantage/private financial gain. The prosecution’s reliance on videotaped deposition testimony of two material witnesses (who had since been deported) violated his rights under the Confrontation Clause under the facts …

Read moreUS v. Foster

US v. Foster

(United States Fifth Circuit) – Held that a defendant was entitled to a new trial on charges of transporting aliens for commercial advantage/private financial gain. The prosecution’s reliance on videotaped deposition testimony of two material witnesses (who had since been deported) violated his rights under the Confrontation Clause, and the error was harmful.

People v. Espinoza

(California Court of Appeal) – Held that the defendant should have been allowed to withdraw his guilty plea to drug charges, in this case where he claimed he was not sufficiently advised of the immigration consequences of his plea. Reversed and remanded, applying newly-enacted Penal Code section 1473.7 retroactively.