Doe v. US

(United States Second Circuit) – Held that a defendant’s trial counsel misled him as to the serious immigration consequences of the crime to which he pleaded guilty, constituting ineffective assistance. Remanded with instructions to grant a writ of coram nobis and vacate his conviction for conspiracy.

US v. Freeman

(United States Fifth Circuit) – Held that a U.S. Border Patrol agent lacked reasonable suspicion to stop a pickup truck, in a case where the defendant was charged with transporting an illegal alien. Affirmed the granting of a motion to suppress, on the government’s interlocutory appeal.

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.