Sunday, April 08, 2007

Yale Professor Michael Wishnie Filing Suppression Motions In CT Immigration Court

According to newspaper articles, Professor Michael Wishnie and Yale Law student Simon Moshenberg have convinced Immigration Judge Michael Straus to allow them (and perhaps other defense attorneys) to file suppression motions and motions to dismiss cases on Constitutional grounds.

According to the reporters, the motions will probably be based on how Jose Llivisupa and ten other construction workers were picked up in September 2006 by local police in Danbury, CT based on racial profiling and the local police then turned the workers over to ICE officials who help them for weeks without allowing them any outside contact to obtain legal representation. Strategies for the suppression motion include that the local police arrests were illegal because the local police had no contract with ICE to act as immigration officials, the men were racially profiled, the arresting ICE officer violated regulations by also examining the them, and ICE violated the men's right to obtain legal representation.

ICE counsel Leigh Mapplebeck apparently argued that suppression is only required if the police or ICE engaged in egregious conduct. It seems that ICE counsel is relying on a simplistic and outmoded interpretation of the Supreme Court's ruling in Lopez-Mendoza, which left open the possibility of suppressing evidence for all Fourth Amendment violations if there were proof of widespread violations of Fourth Amendment rights -- something that may well be proven in today's post-2001 world. Lopez-Mendoza relied on how INS behaved in 1984, which was vastly different than today. News stories include Mary E. O'Leary's article "Demonstrators back Ecuadoreans nabbed in federal raids," on April 3, 2007 in the New Haven Register.


At 11:33 AM, Blogger Ms. Robinson said...

My son-in-law was set up on July 12,2007 by Homeland Security. He was summoned to appear under the guise of getting his residency papers finally approved. He was shackled like and animal and interrogated in a thug-like manner. I am appauled at the tactics of Homeland Security in Hartford, CT. Juan Felipe Londono was taunted and disrespected on many levels. He was thrown in jail at Wyatt Detention Facility in Central Falls, RI.
His wife, (my daughter) and I now must drive 6 hours weekly to visit him. His income and job lost, their life together ruined.
We have been to 2 preliminary hearings and again I am appauled at the prosecuter, Leigh Mapplebeck's demenour. She is condecending and completely unprofessional. I can only hope that she has to feel the pain that we are enduring in her life.
Please let me know if anyone out there can help us.
They can't find Bin Laden but they have my hard working wonderful son-in-law.

At 11:36 AM, Blogger Ms. Robinson said...

please help


Post a Comment

<< Home