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Practice Advisory on Padilla v. Kentucky

April 6, 2010

via Benita Jain:

I am attaching a PDF of an initial practice advisory on the duties of criminal defense attorneys representing immigrants after the watershed decision by the Supreme Court in Padilla v. Kentucky.

This advisory was produced by the Immigrant Defense Project (IDP) on behalf of the Defending Immigrants Partnership (a collaboration between IDP, Immigrant Legal Resource Center and National Immigration Project). DIP will soon issue additional advisories on specific Padilla-related issues.

* Download here *

One Comment leave one →
  1. April 6, 2010 11:34 pm

    I NEED A PRO BONO ATTORNEY, WHO I CAN PAY AFTER/IF I WION MY CASE. THEY DISABLED ME IN PIDS! NOBODY TAKES MY CASE BECAUSE NOBODY MESSES WITH THE GOVERNMENT. THIS IS WHY THOSE ICE AND SECURITIES KEEP ABUSING AND TORTURING DETAINEES IN PIDC. I AM NOT AFRAID!!!

    This is a complaint about abuse, mistreatment and torture in Port Isabel Detention center. If you or your relative had ended up in this absolutely horrible place, i feel very and very sorry you. Because i spent there 10 months of my life to get my asylum status. Security guards and ICE officers will mistreat and abuse you the way they mistreated and abused me. For example: ICE officer H. Benavides told me that he will talk to the Immigration Judge and tell him to deport me back to my country of origin where i was tortured. He also ordered to put shackles on me, (they made sure that shackles sat very tight on my feet, ) and walked me for no reason through the field full of palm size tarantulas back and forth until my feet started bleeding and my white socks became red from blood.

    After about 1 month they again did the same to me when I went to see the doctor, again they put shackles and caused my feet bleeding. (Still have the pictures of them).

    L. Rodriguez, female ICE officer, also constantly refused me my due process, phone calls, copies, and even walks out.

    To make a phone call you need to submit a request and wait it for approval. Sometimes several days, and often you never even get the answer at all. I also noticed that when i submitted requests at the same time with Hispanic detainees, they were approved and I denied.
    Very often, when i submitted requests for anything, requests came back as approved and there was written : “Detainee used the phone”, although it never happened. They do whatever they want and always cover it.

    Another total idiot is a deportation officer Richard Gong, who lied to me all the time saying that my wife told him smth. which wasn’t true at all. Besides all, trying to make me look bad in front of my that time fiancée, he said to my ex-wife: “Why would you want to be with someone like him? Investigation found out that he was dating another women in south America!” I don’t know where did sick person got this information, but I was so upset, that I ended up in emergency room because I was thinking of committing suicide right there. Everybody in the detention center knows that if Richard Gong have your case, you will have to wait forever to get deported. Like that guy from South Africa had to get back from the airplane to South Africa because Richard Gong had forgotten some documents. Why would he care if Americans pay taxes on deportation?

    Field Director Michael Watkins didn’t do anything at all, instead when my ex-wife called him and asked him to stop the mistreatment, he told her that they will not stop doing so until i will start cooperate. And what this “cooperation ” means?
    2It means that i should have stopped submitting complaints to the DHS Office of Inspector General in Washington DC. I had an ear infection for 1 month and i couldn’t sleep because of severe pain. I was asking every single day ICE and securities to take me to the medical facility which was 3 minutes walking distance but i never was taken there. DHS of Washington DC sent there investigation about this fact. I ended up with ruptured ear. They denied me food. Often they gave us only 2-3 minutes to eat. Often they locked me up for several hours or even overnight in cold concrete cells to punish me for my complaints. They called me “Russia” because of my origin. Since i am a citizen of Kazakhstan, They also called me “Borat” after the name of the comedy about crazy acting citizen of Kazakhstan who traveled to America and did silly things. Racists! Most of them are Hispanics who don’t even speak proper English. Now, after i finally got my political asylum i cant work because there i developed eating disorder, anxiety disorder and panic attacks for which there is no cure , constant imbalance of serotonin, as well as eating disorder and post traumatic stress disorder plus sleeping apnea.

    Securities always cuss you out, call you names and otherwise abuse and mistreat you.

    Another security guard who hated me put my dirty shoe on my bad 1 inch from my face, while I was sleeping.

    (I should say that the Psychiatrist PHD Dr. John Golden is an awesome Person who patiently listened to all my complaints and treated me very good). Even prescribed me additional sandwich for my constant hunger in that facility. Also the chaplain, Mr. Ed. Matthews is a super cool Person. I am grateful to the security guard Mr. Juan Escamilla for his efforts to provide me with computer access and making copies. About computer access and law library: Ran by a corrupted recreation officer with last name Villafranco. There were 4 computers in the tiny law library 2 of which didn’t work. Villafranco had 2 detainees working for him. One from Mexico another from Honduras, both ex-convicts in orange uniform who were occupying 2 computers all days long, allegedly to help other detainees to prepare legal forms. In reality, they were making money, by charging those detainees 50-300$ for a petition or immigration form, since most of those detainees didn’t speak or write in English. When on one Wednesday was my turn to go to the law library (i was in blue uniform, “Bravo” unit.), I sat on one available computer to start working on my declaration. However, both detainees-ex-convicts working there for Villafranco started picking up the fight. I told them that it was a day when detainees in blue uniform use the library, however, the recreation officer short and fat Villafranco came to me from the behind and told me to give the computer to the ex-convict detainee in orange uniform, who was previously convicted in the US for forfeiting money. Why would that corrupted Villafranco give him my place and time? Well, perhaps because they shared the money. Everybody talked about it in detention center. Now, instead of being useful to the USA, I am a mentally disabled person who is applying for SSI , that’s what they had done to me. When it comes to mail. The burden of proof of your illegibility for asylum or refugee status or whatever it takes is upon you, respondent. Since you need several copies, one for yourself, one for the Immigration judge, one for the prosecutor and one for the lawyer if you have one you want to make sure that you got them. Especially knowing that in PIDC they almost never make copies. So my ex-wife had sent me a stuck of legal documents which I desperately needed to win my case. When I finally came to the mail room, after spending several hours waiting for my turn in cold concrete waiting room , I had to deal with Ice officer who said that he wont allow me to have my legal paperwork because as he said “it is too much for you to have”. When I tried to explain that I needed to submit copies to the court he didn’t care and instead he locked my up in small waiting room and gave me 7 minutes to take only what I might need the most. He said: ‘ if by the time when he I willl come back you haven’t finished, I wont let you take any paperwork at all! I had to rush through the paperwork, trying to read very fast in English, which is also my second language I learned by myself. It all resulted in choosing different pages from different documents, one from here and one from there, and at the end I couldn’t put them all together. The paperwork had to be sent one more time. The ICE officer through away the rest of the paperwork. He also said that he will screw me up. And all this after my ex-wife had to send this paperwork via expensive FedEx service and pay whole bunch of money for it. My ex-wife has a handicapped child to take care of, who is in the wheel chair and is blind and has a cerebral palsy. She could have bought something to him instead of loosing money on the mail I needed and which I never got.
    3
    One month before my release, the ICE officer by last name Macys physically attacked me and hurt my spine and disabled my arm for the whole week that i had to write with my left hand. Now after i was released, since i have this disorders, i several times ended up in the hospitals in different states and i owe about 7.000$ for Medicare. I cant pay for it. I cant even work. I am not eligible for SSI because i dont have enough working credits in the country. . But this is not what I want, I want to be healthy, and be able work and study. All this horrible experience and my health problems also resulted in my divorce.

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