Author Archives: Jay Butchko
Administration Proposes Significant Changes to Deportation Orders & Delaying Path to Citizenship
A number of proposed and permanent regulations released in late February will affect the ability for immigrants to obtain citizenship green cards and visas. First, one proposed regulation would increase the cost to go to court to challenge deportation orders by nearly tenfold to $1,000, making deportation appeals much more difficult. The same proposal… Read More »
U.S. Supreme Court Weighs Definition of Serious Drug Offense & Criminalization of Immigration Advocacy
In late February, the Supreme Court ruled on and heard very important criminal cases; one involving what is considered to be a serious drug offense under the Armed Career Criminal Act, while the other (which has not yet been ruled on) could determine whether those engaging in immigration advocacy could be arrested and prosecuted… Read More »
Videos Emerge Showing NYPD Officer Planting Marijuana During Traffic Stops, Raising Questions About Body Cameras
In March, yet another video of the same New York Police Department (NYPD) officer who was previously caught planting marijuana in a car was released, once again showing this same officer planting marijuana during a different traffic stop. These videos highlight serious conspiracy and corruption within the NYPD when it comes to framing particular… Read More »
Federal Department of Justice Proposes Drastic Changes to Defendants’ and Immigrants’ Rights Due to Coronavirus Emergency
According to a new report released by Politico in March, the federal Department of Justice requested that Congress pass legislation allowing for significant new powers in the wake of the coronavirus; powers that would suspend a number of criminal defendants’ constitutional rights, allowing justices to indefinitely hold people without trial, as well as restrict… Read More »
Federal Judge “Slaps Down” USCIS in H-1B Visa Rejection, Opening The Door to Employers & Others Challenging Arbitrary Immigration Decisions
In March, a federal judge ruled that US Citizenship and Immigration Services (USCIS) illegally denied a H-1B petition submitted by an employer company. This is the very first decision whereby a federal judge has found that an interpretation by the agency was not entitled to deference, and will arguably now allow a number of… Read More »
Current Criminal Cases Examining Under What Circumstances DNA Can Be Taken by Deception Without a Warrant
The issue of how police are obtaining DNA in order to charge suspects with crimes is an issue that is becoming more and more relevant every day as police appear to be using new investigative techniques that combine genetic testing and genealogical records to in some instances solve decades old cold cases more and… Read More »
Internal Investigation Ordered After Video Surfaces of NYPD Using Excessive Force to Arrest a Man with Less Than One Ounce of Marijuana
In March, the New York Police Department (NYPD) ordered an internal investigation after a video surfaced exposing a group of officers arresting a man in an allegedly abusive way, for smoking a small amount of marijuana. The man was not resisting arrest, and the police have been criticized for how they handled the incident…. Read More »
House Makes Lynching A Federal Crime, But Some Point Out The Hypocrisy, Given The Current Injustices Of The Legal System
In March, the House approved legislation classifying lynching as a federal hate crime. The bill comes after a number of similar efforts were defeated, 120 years after Congress first considered similar legislation, and makes the act a crime punishable by life in prison, a fine, or both. The President is expected to sign the… Read More »
U.S. Supreme Court Allows Public Charge Rule to Go into Effect for Green Card Applicants: What This Means
In January, the Supreme Court allowed the Trump administration to move forward with its proposal to deny green cards (or permanent legal status) to immigrants who could end up using certain public benefit programs such as food stamps, housing vouchers, and Medicaid. The court’s order lifted preliminary injunctions placed on the proposal, however, challenges… Read More »
Is It Time to Correct What Has Resulted in A Massive Injustice for Criminal Defendants in Courts Around the Country Every Day?
There is no question that the Supreme Court has essentially defined criminal defendants’ rights; from criminal proceedings to investigations, searches, arrests, interrogations, Fourth Amendment limitations on arrests, searches and seizures, Fifth Amendment rights against self-incrimination, Sixth Amendment right to counsel, protections under the 14th Amendment, and more. From police officers having to inform suspects… Read More »
