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Saul H v. Rivas (Cal. Aug. 15, 2022)
On August 15, 2022, the California Supreme Court published its opinion on In re Guardianship of Saul H in which that Court overturned a state court that refused to issue a predicate order to an immigrant child who suffered abuse and neglect perpetrated by his parents. Despite the uncontroverted evidence about the abuse and neglect…
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San Francisco Superior Court – Responding to Immigration Enforcement Agency request for Information and/or Immigration Enforcement Activity in Court Facilities Policy
Policy statement from the Superior Court of California, County of San Francisco, with guidance on immigration actions at or near courthouses.
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San Francisco Superior Court Civil Division U-Visa Certification Protocol
This U-Visa certification protocol, adopted by the Superior Court of California, San Francisco County for the Civil Division, is a model that can be adopted by courts across the country. The policy cites and is fully consistent with DHS policies, regulations and publications on U visa certification.
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Rivera v. NIBCO, Inc. (9th Cir. Apr. 13, 2004)
In this case, the Magistrate judge entered protective order precluding the employer from using the discovery process to inquire into the plaintiffs’ immigration status, and the employer sought reconsideration. The United States District Court for the Eastern District of California denied reconsideration, and the employer brought an interlocutory appeal.
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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…
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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.