Law Office of Susan G. Roy, LLC
Princeton Junction, NJ
Member, Round Table of Former Immigration Judges
https://njcourts.gov/attorneys/assets/opinions/supreme/a_8_9_20.pdf
“Sir Jeffrey” Chase submitted this:
Hi all:The Round Table was on the winning team in a (lengthy) decision issued yesterday by the NJ Supreme Court concerning the detention of criminal defendants who are noncitizens based on the possibility of their removal by ICE.
Thanks to Sue Roy, who solicited the Round Table’s involvement, and then drafted our brief!
Except from the decision:
A group of fifty immigration law scholars and clinical professors (Professors), and a second group of twenty-five former immigration judges and members of the Board of Immigration Appeals (Former Judges), submitted comprehensive overviews of the immigration process. They highlight the complex, dynamic, and discretionary nature of the removal process and argue that state trial courts are ill-equipped to evaluate a defendant’s likelihood of removal, which is too speculative even for experts to predict. They submit that a civil immigration detainer, like an individual’s immigration status, is not a reliable indicator that a person will be removed from the country.
The American Immigration Lawyers Association (AILA) and the National Immigration Project of the National Lawyers Guild, the Immigrant Defense Project, and the Harvard Law School Crimmigration Clinic echo concerns about how difficult it is to forecast the risk of removal for a non- citizen. AILA adds that permitting pretrial detention based on a person’s risk of removal will have the disproportionate effect of incarcerating low-level offenders, the vast majority of whom are recommended for release under the CJRA.
Finally, Legal Services of New Jersey (LSNJ) and Make the Road New Jersey, joined by twelve other organizations (Make the Road), highlight the consequences of pretrial detention for non-citizens, their families, and their communities. LSNJ also challenges the need for pretrial detention given the avenues non-citizens have to resolve their criminal cases while in ICE custody. Make the Road adds that allowing pretrial detention based on immigration status undermines trust in law enforcement in immigrant communities and makes it harder for law enforcement to investigate and prosecute crimes.
Below is the summary from petitioner’s counsel, NJ Immigration Attorney Jerry Gonzalez:
Our firm represented Mr. Lopez-Carrera, who was ordered removed and physically removed from the US while his criminal case was pending (he had lost at the BIA and state was trying to get him back).
Props to our Amicus friends!Patrick McGuinness(Immigration counsel), Sue Roy, Eric Mark, Michael Noriega, Raquiba Huq and Professor Joanne Gottesman.Great team work!!!
Issue: In these consolidated appeals, the Court considers whether the Criminal Justice Reform Act (CJRA or Act), N.J.S.A. 2A:162-15 to -26, empowers judges to detain defendants who are non-citizens to prevent immigration officials from removing them from the country before trial.
Holding: The CJRA favors pretrial release over detention; it authorizes judges to detain defendants when the State has shown, by clear and convincing evidence, that no conditions of release would reasonably assure the eligible defendant’s appearance in court when required, would protect the public, or would prevent the defendant from obstructing the criminal justice process…. The Court agrees with the Appellate Division that the CJRA does not authorize judges to detain defendants to thwart their possible removal by ICE.
Enjoy the light reading!
Jerry
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Many thanks to all involved, with particular thanks to Judge Sue Roy for her energy, scholarship, advocacy and continuing dedication to due process under law. It’s an honor to work with and be inspired by you, my friend.
Due Process Forever!
PWS
03-31-21
This case was truly a team effort that showcases the strength of the NJ immigration bar and pro-bono organizations. Very glad to have played a small part in ensuring the correct result was reached in this important case for NJ.
Sue, my friend and colleague, your energy, scholarship, leadership, and caring have been essential to both the NDPA and our Round Table. Lots of good things have happened in New Jersey even in some very bad times. And, you have been right in the middle of all the “good stuff!”
DPF,
P