Articles Posted in Immigration Law

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The Supreme Court reversed Defendant’s convictions on one count of identity theft and two counts of making a false information for using another person’s Social Security number to obtain restaurant employment, holding that Defendant’s prosecution based on his use of a Social Security number belonging to another person for employment was expressly preempted by the federal Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. 1324a(b)(5). In reversing Defendant's convictions, the court relied on State v. Garcia, __ P.3d __ (this day decided), which held that state prosecutions such as the one in this case are expressly preempted by IRCA. View "State v. Morales" on Justia Law

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While defendant Carlos Montes-Mata was held in county jail on drug-related charges, defendant filed a motion to dismiss the charges against him for violation of his right to a speedy trial. The district court granted the motion, dismissing the pending charges because defendant had been held approximately 111 days when his motion was heard, exceeding the 90-day statutory speedy trial limit. The court of appeals affirmed. On review, the Supreme Court affirmed. At issue was whether an I-247 form the county sheriff received from the federal Immigration and Customs Enforcement (ICE) that informed the sheriff about the possibility of ICE formal proceedings against defendant tolled the 90-day requirement in Kan. Stat. Ann. 22-3402(1). The Supreme Court concluded that the district judge properly discharged defendant from further liability for trial on the crimes charges, holding that the I-247 form did not constitute a present custodial claim on defendant and therefore did not affect the speedy trial question under the statute. View "State v. Montes-Mata" on Justia Law