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No new trial for man convicted of killing Georgia nursing student Laken Riley
Attorney News |
2026/03/11 13:10
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A judge has rejected a request for a new trial for a Venezuelan man convicted of killing Georgia nursing student Laken Riley, a case that became a flashpoint in the national debate over immigration. Lawyers for Jose Ibarra argued his constitutional rights were violated when the judge declined two defense motions before trial. One was a request to delay the trial to give an expert witness time to review and analyze DNA data. The other would have excluded some cellphone evidence. Clarke County Superior Court Judge H. Patrick Haggard, who presided over the trial, wrote in an order Monday that the evidence of Ibarra's guilt presented by the state was "overwhelming and powerful." After Ibarra waived his right to a jury trial, Haggard found him guilty of murder and other charges during the November 2024 trial and sentenced him to life in prison. A spokesperson for Ibarra's attorneys said they plan to file an appeal. Ibarra, 28, had entered the U.S. illegally in 2022 and was allowed to stay while he pursued his immigration case. Prosecutors said Ibarra encountered Riley while she was running on the University of Georgia campus in Athens on Feb. 22, 2024, and killed her during a struggle. Riley was a student at Augusta University College of Nursing, which also has a campus in Athens, about 70 miles (115 kilometers) east of Atlanta. Ibarra's trial attorneys had asked the judge to delay the trial after a DNA expert said she would need six weeks to review evidence analyzed using TrueAllele Casework, software used to interpret DNA and assist the defense. The judge wrote in his order Monday that Ibarra's lawyers "effectively challenged the TrueAllele DNA evidence at trial" and concluded that Ibarra was not harmed by the denial of a delay. The DNA expert testified during a January hearing on the motion for a new trial, and the judge wrote that he did not find her opinion to be persuasive or credible and that it would not have changed the trial outcome. Ibarra's attorneys also had challenged the seizure of two cellphones from his apartment, saying they were not listed on the search warrant, and sought to exclude evidence pulled from them. Haggard wrote that there were "exigent circumstances authorizing the seizure of the cellphones" and that the phones were not searched until after warrants were issued authorizing the search of the contents of the phones. |
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Trump administration's 'third country' deportation policy is unlawful, judge rules
Attorney News |
2026/02/26 06:41
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The Trump administration's latest policy of deporting immigrants to "third countries" to which they have no ties is unlawful and must be set aside, a federal judge ruled Wednesday in a case that already reached the nation's highest court. U.S. District Judge Brian E. Murphy in Massachusetts agreed to suspend his decision for 15 days, giving the government time to appeal his latest ruling in the case. Murphy noted that the U.S. Supreme Court ruled in the administration's favor last year, pausing Murphy's previous decision and clearing the way for a flight carrying several migrants to complete its trip to war-torn South Sudan, where they had no ties. Murphy said migrants challenging the Department of Homeland Security's policy have the right to "meaningful notice" and an opportunity to object before they are removed to a third country. The policy "extinguishes valid challenges to third-country removal by effecting removal before those challenges can be raised," the judge concluded. "These are our laws, and it is with profound gratitude for the unbelievable luck of being born in the United States of America that this Court affirms these and our nation's bedrock principle: that no 'person' in this country may be 'deprived of life, liberty, or property, without due process of law,'" Murphy wrote. In June, the Supreme Court's conservative majority found that immigration officials can quickly deport people to third countries. Liberal justices Sonia Sotomayor and Ketanji Brown Jackson dissented, saying the ruling gives the government special treatment. Murphy said President Donald Trump's administration has repeatedly violated — or tried to violate — his orders. Last March, he noted, the Defense Department deported at least six class members to El Salvador and Mexico without providing the process required under a temporary restraining order that Murphy issued. DHS issued its new policy guidance for third-country removals on March 30, two days after Murphy's order. "The simple reality is that nobody knows the merits of any individual class member's claim because (administration officials) are withholding the predicate fact: the country of removal," wrote Murphy, who was nominated to the bench by Democratic President Joe Biden. Murphy said the DHS third-country removal policy has targeted immigrants who were granted protection from being sent back to their home countries, where they feared being tortured or persecuted in other ways. Eight men who were sent to South Sudan in May had been convicted of crimes in the U.S. and had final orders of removal, Immigration and Customs Enforcement officials have said. |
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Los Angeles school year begins amid fears over immigration enforcement
Attorney News |
2025/08/14 07:16
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Los Angeles students and teachers return to class for the new academic year Thursday under a cloud of apprehension after a summer filled with immigration raids and amid worries that schools could become a target in the Trump administration’s aggressive crackdown.
Los Angeles Unified School District Superintendent Alberto Carvalho has urged immigration authorities not to conduct enforcement activity within a two-block radius around schools starting an hour before the school day begins and until one hour after it classes let out.
“Hungry children, children in fear, cannot learn well,” Carvalho said in a news conference.
He also announced a number of measures intended to protect students and families, including adding or altering bus routes to accommodate more students. The district is to distribute a family preparedness packet that includes know-your-rights information, emergency contact updates and tips on designating a backup caregiver in case a parent is detained.
The sprawling district, which covers more than two dozen cities, is the nation’s second largest with more than 500,000 students. According to the teachers’ union, 30,000 students are immigrants, and an estimated quarter of them are without legal status.
Federal immigration enforcement near schools causes concern
While immigration agents have not detained anyone inside a school, a 15-year-old boy was pulled from a car and handcuffed outside Arleta High School in northern Los Angeles on Monday, Carvalho said.
He had significant disabilities and was released after a bystander intervened in the case of “mistaken identity,” the superintendent said.
“This is the exact type of incident that traumatizes our communities; it cannot repeat itself,” he added.
Administrators at two elementary schools previously denied entry to officials from the Department of Homeland Security in April, and immigration agents have been seen in vehicles outside schools.
DHS did not immediately respond to an email seeking comment.
Carvalho said that while staffers and district police officers cannot interfere with immigration enforcement and do not have jurisdiction beyond school property, they have had conversations with federal agents parked in front of schools that resulted in them leaving.
The district is partnering with local law enforcement in some cities and forming a “rapid response” network to disseminate information about the presence of federal agents, he said.
Educators worry about attendance
Teachers say they are concerned some students might not show up the first day.
Lupe Carrasco Cardona, a high school social studies and English teacher at the Roybal Learning Center, said attendance saw a small dip in January when President Donald Trump took office.
The raids ramped up in June right before graduations, putting a damper on ceremonies. One raid at a Home Depot near MacArthur Park, an area with many immigrant families from Central America, took place the same morning as an 8th grade graduation at a nearby middle school.
“People were crying, for the actual graduation ceremony there were hardly any parents there,” Cardona said.
The next week, at her high school graduation, the school rented two buses to transport parents to the ceremony downtown. Ultimately many of the seats were empty, unlike other graduations.
One 11th grader, who spoke on the condition that her last name not be published because she is in the country without legal permission and fears being targeted, said she is afraid to return to school.
“Instead of feeling excited, really what I’m feeling is concern,” said Madelyn, a 17-year-old from Central America. “I am very, very scared, and there is a lot of pressure.”
She added that she takes public transportation to school but fears being targeted on the bus by immigration agents because of her skin color.
“We are simply young people with dreams who want to study, move forward and contribute to this country as well,” she said.
Madelyn joined a club that provides support and community for immigrant students and said she intends to persevere in that work.
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Arizona prosecutors ordered to send fake elector case back to grand jury
Attorney News |
2025/05/18 12:32
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Arizona prosecutors pressing the case against Republicans who are accused of trying to overturn the 2020 election results in President Donald Trump’s favor were dealt a setback when a judge ordered the case be sent back to a grand jury.
Arizona’s fake elector case remains alive after Friday’s ruling by Maricopa County Superior Court Judge Sam Myers, but it’s being sent back to the grand jurors to determine whether there’s probable cause that the defendants committed the crimes.
The decision, first reported by the Washington Post, centered on the Electoral Count Act, a law that governs the certification of a presidential contest and was part of the defendants’ claims they were acting lawfully.
While the law was discussed when the case was presented to the grand jury and the panel asked a witness about the law’s requirements, prosecutors didn’t show the statute’s language to the grand jury, Myers wrote. The judge said a prosecutor has a duty to tell grand jurors all the applicable law and concluded the defendants were denied “a substantial procedural right as guaranteed by Arizona law.”
Richie Taylor, a spokesperson for Arizona Attorney General Kris Mayes, a Democrat whose office is pressing the case in court, said in a statement that prosecutors will appeal the decision. “We vehemently disagree with the court,” Taylor said.
Mel McDonald, a former county judge in metro Phoenix and former U.S. Attorney for Arizona, said courts send cases back to grand juries when prosecutors present misleading or incomplete evidence or didn’t properly instruct panel members on the law.
“They get granted at times. It’s not often,” said McDonald, who isn’t involved in the case.
In all, 18 Republicans were charged with forgery, fraud and conspiracy. The defendants consist of 11 Republicans who submitted a document falsely claiming Trump won Arizona, two former Trump aides and five lawyers connected to the former president, including Rudy Giuliani.
Two defendants have already resolved their cases, while the others have pleaded not guilty to the charges. Trump wasn’t charged in Arizona, but the indictment refers to him as an unindicted coconspirator.
Most of the defendants in the case also are trying to get a court to dismiss their charges under an Arizona law that bars using baseless legal actions in a bid to silence critics.
They argued Mayes tried to use the charges to silence them for their constitutionally protected speech about the 2020 election and actions taken in response to the race’s outcome. Prosecutors said the defendants didn’t have evidence to back up their retaliation claim and that they crossed the line from protected speech to fraud.
Eleven people who had been nominated to be Arizona’s Republican electors met in Phoenix on Dec. 14, 2020, to sign a certificate saying they were “duly elected and qualified” electors and claimed Trump had carried the state in the 2020 election.
President Joe Biden won Arizona by 10,457 votes. A one-minute video of the signing ceremony was posted on social media by the Arizona Republican Party at the time. The document later was sent to Congress and the National Archives, where it was ignored.
Prosecutors in Michigan, Nevada, Georgia and Wisconsin have also filed criminal charges related to the fake electors scheme. |
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Trump signs order imposing sanctions on International Criminal Court
Attorney News |
2025/02/05 20:24
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President Donald Trump signed an executive order imposing sanctions on the International Criminal Court over investigations of Israel, a close U.S. ally.
Neither the U.S. nor Israel is a member of or recognizes the court, which has issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for alleged war crimes over his military response in Gaza after the Hamas attack against Israel in October 2023. Tens of thousands of Palestinians, including children, have been killed during the Israeli military’s response.
The order Trump signed Thursday accuses the ICC of engaging in “illegitimate and baseless actions targeting America and our close ally Israel” and of abusing its power by issuing “baseless arrest warrants” against Netanyahu and his former defense minister, Yoav Gallant.
“The ICC has no jurisdiction over the United States or Israel,” the order states, adding that the court had set a “dangerous precedent” with its actions against both countries.
Trump’s action came as Netanyahu was visiting Washington. He and Trump held talks Tuesday at the White House, and Netanyahu spent some of Thursday meeting with lawmakers on Capitol Hill.
The order says the U.S. will impose “tangible and significant consequences” on those responsible for the ICC’s “transgressions.” Actions may include blocking property and assets and not allowing ICC officials, employees and relatives to enter the United States.
Human rights activists said sanctioning court officials would have a chilling effect and run counter to U.S. interests in other conflict zones where the court is investigating.
“Victims of human rights abuses around the world turn to the International Criminal Court when they have nowhere else to go, and President Trump’s executive order will make it harder for them to find justice,” said Charlie Hogle, staff attorney with American Civil Liberties Union’s National Security Project. “The order also raises serious First Amendment concerns because it puts people in the United States at risk of harsh penalties for helping the court identify and investigate atrocities committed anywhere, by anyone.”
Hogle said the order “is an attack on both accountability and free speech.”
“You can disagree with the court and the way it operates, but this is beyond the pale,” Sarah Yager, Washington director of Human Rights Watch, said in an interview prior to the announcement.
Like Israel, the U.S. is not among the court’s 124 members and has long harbored suspicions that a global court could arbitrarily prosecute U.S. officials. A 2002 law authorizes the Pentagon to liberate any American or U.S. ally held by the court. In 2020, Trump sanctioned chief prosecutor Karim Khan’s predecessor, Fatou Bensouda, over her decision to open an inquiry into war crimes committed by all sides, including the U.S., in Afghanistan.
However, those sanctions were lifted under President Joe Biden, and the U.S. began to tepidly cooperate with the tribunal ? especially after Khan in 2023 charged Russian President Vladimir Putin with war crimes in Ukraine.
Driving that turnaround was Sen. Lindsey Graham, R-S.C., who organized meetings in Washington, New York and Europe between Khan and GOP lawmakers who have been among the court’s fiercest critics. |
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