It Had To Happen: Immigrant Avoids ICE Hold, Now A Murder Suspect

It made headlines last year as jurisdictions, acting on a federal court decision out of Oregon, decided they would not honor “hold” requests by U.S. Immigration and Customs Enforcement, known as ICE. Now a San Francisco murder suspect was freed despite such a hold request just before committing the alleged killing. But an attorney for the San Francisco Sheriff’s Department says “…nothing in his background showed anything like that.”
As reported in the LA Times: Liz Sullivan and Jim Steinle, parents of Kathryn Steinle, who was fatally shot Wednesday in San Francisco. A suspect with seven felony convictions who had been deported five times has been arrested in connection with the shooting. (Lea Suzuki / San Francisco Chronicle)

As reported in the LA Times: Liz Sullivan and Jim Steinle, parents of Kathryn Steinle, who was fatally shot Wednesday in San Francisco. A suspect with seven felony convictions who had been deported five times has been arrested in connection with the shooting. (Lea Suzuki / San Francisco Chronicle)

Says an ICE spokesperson: “An individual with a lengthy criminal history, who is now the suspect in a tragic murder case, was released onto the street rather than being turned over to ICE for deportation… we’re not asking local cops to do our job. All we’re asking is that they notify us when a serious foreign national criminal offender is being released to the street so we can arrange to take custody.”

San Francisco County Sheriff Ross Mirkarimi said ICE misses the point. “ICE was informed about San Francisco’s position on detainers,” he said, “but did not seek a court order for Sanchez’s transfer as required under the law.”

The Courts Monitor follows immigration issues because the cases are civil, not criminal. Read more from the L.A. Times here:

NY Passes ‘Aspirational’ Civil Gideon Measure

Here’s another civil Gideon milestone: New York’s senate and assembly have passed a non-binding “policy” of providing legal assistance to “persons in need of the essentials of life,” becoming the first state to take such action to provide civil representation. San Francisco and other cities have some level of civil Gideon programming.

 

The resolution was suggested in a 2014 report to Chief Judge Jonathan Lippman by the Task Force to Expand Access to Civil Legal Services, to make the case for increasing available state funding for civil legal services over the past five state budgets.

 

Read more here.

Housing Rules Yet Another Huge SCOTUS 5-4 Decision

US supreme court image

Photo from CNN report: Justices of the U.S. Supreme Court

Obamacare and same-sex marriage naturally dominated attention over recent U.S. Supreme Court decisions, but a huge housing issue also got a 5-4 ruling that leans toward the court’s liberal side. The court, in effect, re-affirmed a federal law passed in 1968 to combat housing discrimination by, as CNN explained, “… holding that the law allows not only claims for intentional discrimination but also, claims that cover practices that have a discriminatory effect, even if they were not motivated by an intent to discriminate.”

Justice Anthony Kennedy wrote the 5-4 opinion for a closely divided Court concerning the scope of the Fair Housing Act. He noted that “… much progress remains to be made in our nation’s continuing struggle against racial isolation.” His opinion was joined by Justices Ruth Bader Ginsburg, Elena Kagan, Sonia Sotomayor and Stephen Breyer.

Opponents including the state of Texas argued that the law punished outcomes without any intent of harming anyone, and actually injects more, not less, race into housing development decisions.

Read the CNN coverage here.

ABA President Says Tech Might Address Justice Gap

William C. Hubbard, president of the American Bar Association. Photo: Memphis Daily News.

William C. Hubbard, president of the American Bar Association. Photo: Memphis Daily News.

William C. Hubbard, president of the American Bar Association, is calling on lawyers to work with tech solutions to close the “justice gap.” Speaking to a group of lawyers in Tennessee, he said that “… despite all of our best efforts, we have not closed this justice gap despite more pro bono work and more support.”

Hubbard’s predecessor, James Silkenat, made civil courts news last year when he called for a “civil Gideon,” the idea that some civil cases like eviction and child custody rise to the point of requiring legal representation.

See the Hubbard story in the Memphis Daily News here.