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Minnesota Board of Judicial Standards Opinion 2015-2: U Visa Certification by Judges
This opinion by the Minnesota Board of Judicial Standards discusses how judges can sign U visa certifications consistent with the codes of judicial ethics. This opinion contains helpful legally correct conclusions, but also contains information and is based on assumptions that are not legally correct under U.S. immigration law. There are two Judicial Training and…
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Minnesota Benefits Infographic – SIJS
This infographic presents a timeline that helps users understand Special Immigrant Juvenile Status (SIJS) as a victim-based form of immigrant relief. It illustrates when a victim who has applied for relief may begin to receive various benefits, such as healthcare, housing, TANF/SNAP, work authorization, permanent residency, and more. One side of the infographic highlights information…
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Training Material for Minnesota Judicial Conference 2015
A handout of the materials distributed at the judge’s training in Minnesota in December of 2015, where Leslye Orloff and Judge Lora Livingston presented. Interest in this training arose as a result of NIWAP’s work with judges in Minnesota on U visa certification.
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State v. Niola Agudo (Minn. Ct. App. June 26, 2023)
The Minnesota Court of Appeals, in an nonprecedential decision, decided that district court did not abuse its discretion by excluding expert testimony regarding the U visa process and the victim’s immigration status from the criminal case. As the district court observed, Niola failed to establish any connection between the U visa process and the child’s…
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State v. Ontiveros-Silverio (Minn. Ct. App. Feb. 27, 2023)
Evidence at issue: Defendant (charged with criminal sexual conduct against his 10 yr old niece) wanted to bring in evidence of the Defendant’s own recent immigration status and work permit. His theory was that his newfound work permit had created friction in the family (jealousy perhaps) and caused the 10 yr old to make the…
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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…
National Immigrant Women's Advocacy Project