Federal Defenders of New York Second Circuit Blog

immigration

Second Circuit: 18 U.S.C. § 1546(a) Prohibits the Possession of Authentic Immigration Documents Obtained by Fraud, Not Just the Possession of Counterfeit Documents.

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In United States v. Greenberg, Nos. 23-7168 and 23-7249 (2d Cir. Feb. 3, 2025) (per curiam), the Second Circuit (Walker, Robinson, Merriam, JJ.) held that 18 U.S.C. § 1546(a) (“Fraud and misuse of visa, permits and other documents”) prohibits the possession of authentic immigration documents that have been obtained by fraud, not just the possession … Read more

En Banc Second Circuit: A Naturalized U.S. Citizen Has A Sixth Amendment Right To Be Advised By Defense Counsel That He May Be Denaturalized And Deported As A Result Of His Guilty Plea.

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In United States v. Farhane, No. 20-1666 (2d Cir. Oct. 31, 2024), the en banc Second Circuit (Carney, joined by Wesley, Lee, Robinson, Perez, Nathan, Merriam, and Kahn) held that “a naturalized U.S. citizen” charged with a crime “has a Sixth Amendment right to be advised by counsel that he may be denaturalized and deported … Read more

BIDEN’S MARIJUANA PARDONS MISS THE MARK FOR NONCITIZEN DEFENDANTS

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The White House announced yesterday that President Biden would grant “full, complete, and unconditional” pardons to U.S. citizens and lawful residents previously convicted of simple possession of marijuana under 21 U.S.C. § 844(a) and D.C. Code 48-904.01(d)(1).  The move is intended to “help relieve the collateral consequences arising from these convictions,” and will doubtless help … Read more

A district court’s order granting a criminal defendant bail under the Bail Reform Act (“BRA”), doesn’t preclude immigration authorities from then detaining that person under the Immigration and Naturalization Act (“INA”). United States v. Lett, No. 18-749-cr, __ F. 3d__, 2019 WL 6752763 (Dec. 12, 2019).

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The Second Circuit joins the Third, Sixth, and D.C. Circuits and holds “that immigration authorities may lawfully detain a criminal defendant ordered to be released under the BRA  pursuant to their authority under the INA to detain aliens seeking admission into the United States who are not ‘clearly and beyond a doubt entitled to be … Read more

Ninth Circuit Holds Statute Barring “Encouraging and Inducing an Alien” Abridges Constitutionally-Protected Speech

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Something to look out for on the immigration front: The Ninth Circuit held that 8 U.S.C. 1324(a)(1)(A)(iv) which prohibits “encouraging and inducing an alien to remain in the United States” abridges constitutionally-protected speech. Because “[a]t the very least, it is clear that the statute potentially criminalizes the simple words . . . “I encourage you … Read more