Archive December 2021

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Happy Holidays to All!

On behalf of the team and the Board of Directors of NAPD, we bring you season’s greetings and good wishes. We are grateful for this community and to every one of the front-line workers of the criminal legal system who work hard every day to bring hope, dignity and justice to your clients!

U.S. v. Palomar-Santiago: All three prongs of 8 U.S.C. Sec. 1326(d) must be met to attack prior removal

In 1998, Refugio Palomar-Santiago was removed from the country based on a conviction for driving under the influence (DUI).  He later returned to the U.S. and was charged with unlawful re-entry in violation of 8 U.S.C. Sec. 1326(a). Between the time Palomar-Santiago was removed and his indictment, the Supreme Court ruled that offenses like DUI do not make noncitizens removable.