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Ramirez v. Marsh (N.M. May 15, 2025)
Emergency petition for writ of superintending control to the New Mexico Supreme Court in two child sexual assault cases in which a state court judges ordered U visa and T visa applicant victims, their parents, or their immigration counsel to turn over in criminal court discovery information contained in the victim’s VAWA confidentiality protected immigration…
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Ramirez v. Marsh & NM Immigr. L. Ctr. v. Leos (N.M. May 7, 2024)
The Court issued multiple orders (This is order 1) as well as a full written decision that found the following. Emergency petition for writ of superintending control to the New Mexico Supreme Court in two child sexual assault cases in which a state court judges ordered U visa and T visa applicant victims, their parents,…
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Ramirez v. Marsh & NM Immigr. L. Ctr. v. Leos (NM May 7, 2024) Opinion
Emergency petition for writ of superintending control to the New Mexico Supreme Court in two child sexual assault cases in which a state court judges ordered U visa and T visa applicant victims, their parents, or their immigration counsel to turn over in criminal court discovery information contained in the victim’s VAWA confidentiality protected immigration…
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Ramirez v. Marsh & NM Immigr. L. Ctr. v. Leos (NM May 7, 2024) Order 1
The Court issued multiple orders (This is order 1) as well as a full written decision that found the following. Emergency petition for writ of superintending control to the New Mexico Supreme Court in two child sexual assault cases in which a state court judges ordered U visa and T visa applicant victims, their parents,…
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Ramirez v. Marsh & NM Immigr. L. Ctr. v. Leos (NM May 7, 2024) Order 2
The Court issued multiple orders (This is order 2) as well as a full written decision that found the following. Emergency petition for writ of superintending control to the New Mexico Supreme Court in two child sexual assault cases in which a state court judges ordered U visa and T visa applicant victims, their parents,…
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Ramos Da Silva v. Atty Gen. of U.S. (3rd Cir. Jan. 24, 2020)
Appellant Ramos Da Silva petitioned for review of her final order of removal contending that the BIA incorrectly concluded that her convictions for assaulting her husband’s mistress were not connected to extreme cruelty she suffered and therefore making her ineligible for cancellation of removal. The Third Circuit vacated the BIA’s removal order on this basis…
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Perez Rico v. Rodriguez (Nev. Oct. 6, 2005)
Holding that in evaluating the child’s best interests, the district court has the discretion to consider a parent’s immigration status to determine its derivative effects on the children. Here, the district court did not abuse its discretion in considering Rico’s immigration status as a factor in awarding Rodriguez custody of M.P. and J.P. pursuant to…
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People v. Shoreque Villa (Ca. Oct. 16, 2020)
Excluding evidence about a victim’s immigration case upheld as not violating the defendant’s 6th Amendment rights.
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People v. Alvarez Alvarez (Ca. Ct. App. May 7, 2014)
Alvarez was convicted of two counts of forcible rape, additional charges in an earlier trial, and an assault. Defendant argued evidentiary errors because the court did not admit evidence that the victim applied for a U visa based on the assault. The court concluded that it was within the court’s permissible discretion and affirmed the…
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People v. Castaneda-Prado (Ca. Ct. App. Aug. 30, 2023)
A jury convicted defendant Castaneda-Prado of five counts of committing a lewd act on a child under 14 and allegations that the charges involved multiple victims and substantial sexual conduct. On appeal, Castaneda-Prado contends the court erred by excluding evidence that one of the children believed that, by accusing defendant of sexual molestation, she was…
National Immigrant Women's Advocacy Project