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State v. Rodriguez (Minn. Ct. App. May 23, 2022)
Evidence at issue: In criminal sexual conduct trial, defense wanted to cross-examine 13 year old victim about her immigration status to show she fabricated her story of abuse so she could apply for a U Visa. The trial court required an offer of proof but defendant couldn’t come up with anything supporting his theory. Court…
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State v. Velasquez-Lazo (Minn. Ct. App. Feb. 1 2021)
Velasquez-Lazo was charged with second-degree criminal conduct when the victim was under 13 and he was more than 36 months older than the victim. He challenged his conviction and defense wanted to admit testimony from the V’s aunt, who reported that she overheard a conversation between V and her sister where they were talking about…
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State v. Velasquez-Lazo (Minn. Ct. App. Feb. 1 2021)
Evidence at issue: (1) In a CSC trial involving a 13 yr old V, defense wanted to admit testimony from the V’s aunt, who reported that she overheard a conversation between V and her sister where they were talking about “feeling bad that they had to fabricate claims against the defendant in order to get…
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State v. Guzman-Diaz (Minn. Ct. App. July 23, 2018)
Guzman-Diaz sexually assaulted his young daughter once or twice a week for years and he threatened to kill her family members if the child told anyone about the abuse. The jury found him guilty of three accounts of first-degree criminal sexual conduct. He appealed arguing the district court wrongfully excluded testimony about the potential immigration…
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State v. Jun Du (N.Y. App. Div. Sep. 27, 2024)
In the case of State v. Du, the court charged the defendant with sexual abuse and granted Sanctuary for Families’ motion to quash the defendant’s subpoena to obtain the victim’s T visa application which could not be obtained from the victim’s advocate or counsel because it was protected by VAWA confidentiality. The court reversed its…
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State v. Larson (Minn. Sep. 2, 2010)
Evidence at issue: Defense in homicide trial wanted to attack the credibility of an eyewitness’s testimony with his immigration status and the fact that he was in removal proceedings. HELD: Because the defense did not provide any evidence that the witness was given any consideration at his deportation hearing for his testimony in the homicide trial,…
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State v. Larson (Minn. Sep. 2, 2010)
Evidence at issue: Defense in homicide trial wanted to attack the credibility of an eyewitness’s testimony with his immigration status and the fact that he was in removal proceedings. HELD: Because the defense did not provide any evidence that the witness was given any consideration at his deportation hearing for his testimony in the homicide trial, the…
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State v. Love (Minn. Ct. App. July 13, 2020)
Evidence at issue: During an Indecent Conduct trial, defense wanted to cross-examine the victim concerning her knowledge of the U VISA process, to establish her bias and attack her credibility. The trial court allowed defense to conduct a voir dire during which the victim stated she knew about U VISAs but not until after she had…
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State v. Buccheri-Bianca (Ariz. Ct. App. Oct. 30, 2013)
In the case of State v Buccheri Bianca, it was held that the trial court did not err in excluding the immigration status of the victims because it found that the possible grant of a U visa was not the motivation for the disclosure of the crime and, therefore, was irrelevant (Oct 30, 2013).
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State v. Espinosa (Ariz. Ct. App. Aug. 6, 2024)
The Arizona Court of Appeals upheld the trial court’s decision to preclude Espinosa from cross-examining the witness/victim about her U Visa application. The Arizona Court of Appeals held that although a criminal defendant’s right to confront witnesses is guaranteed by the 6th Amendment to the U.S. Constitution, the defendant does not possess an unlimited right…
National Immigrant Women's Advocacy Project