×
You've used up your 3 free articles for this month. Subscribe today.
Immigrants Have Special Sixth Amendment Rights But Limited Time to Enforce Them
Loaded on Dec. 15, 2011
by Holly S. Cooper
published in Prison Legal News
December, 2011, page 24
by Holly S. Cooper & Anel Carrasco
Filed under:
Appointment of Counsel,
Habeas Corpus,
International,
Immigration.
Location:
United States of America.
In negotiating plea bargains for immigrants, many defense lawyers forget to focus on the primary goal for their clients – staying in the United States. While no reliable data exists on how many immigrants are in state prisons, the federal government estimates that …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Prison Sexual Abuse Survivor Speaks Out, by Alan Prendergast
- Texas State Auditor Blasts UTMB, Texas Tech Prisoner Health Care Costs
- DOJ Finds No Wrongdoing After Prisoner Dies Due to Grossly Inadequate Medical Care, by Brandon Sample
- From the Editor, by Paul Wright
- Anatomy of False Confessions, Redux
- Tennessee: Felony Friendly Job Fairs an Unexpected Hit
- Illinois DOC Sued to Accommodate Hearing Impaired Prisoners
- Tennessee: Incident Rates at CCA Facilities Higher Than at Public Prisons
- Study Shows Ex-offenders Have Greatly Reduced Employment Rates
- Ohio ACLU, Other Organizations Release Reports on Prison Privatization
- Immigrants Have Special Sixth Amendment Rights But Limited Time to Enforce Them, by Holly S. Cooper
- Virginia Prisoners Held in Segregation Over 10 Years for Violating DOC Grooming Policy, by Justin Miller
- Ohio County’s Intensive Probation Program Failing Miserably, by Justin Miller
- Northern California Private Pathology Company Under Scrutiny
- Texas State Bar, Exonerated Ex-Prisoners File Suit Against Attorney Over Fees
- Prison Legal News Files Censorship Suit Against Florida DOC
- Denver Prisoner’s Death Ruled a Homicide; Family Files Suit, by Brandon Sample
- Prisoners Shot and Killed During Egyptian Revolution; 23,000 Escape
- US EPA Takes Action Against Kansas Prison for Asbestos Violations
- Federal District Court Slams Bureau of Prisons in FOIA Suit, by Brandon Sample
- Planned GEO Prison in Adelanto, California Faces Sewage Hurdles
- Drug Courts Need an Intervention, Reports Say, by Joe Watson
- Report Highlights Dual Loyalties in Immigration Detention Health Care
- $1 Million Settlement in Texas Wrongful Conviction Suit
- Class-Action Lawsuit Filed Over Sexual Abuse of Female Detainees at CCA Facility in Texas
- Recording of Nashville, Tennessee Jail Prisoners’ Attorney Calls Criticized
- CMS Nurses Disciplined in Kentucky Prisoner’s Death
- Oregon Rethinking Criminal Justice Policies to Avoid Fiscal Crisis
- $96,000 Settlement in Massachusetts Conditions of Confinement Suit
- $227,500 Settlement in Suit by Former Minnesota DOC Prison Chaplain
- Ohio Adam Walsh Act Violates Separation of Powers Doctrine
- Indiana DOC’s Refusal to Provide Kosher Meals Violates RLUIPA, by Brandon Sample
- Los Angeles County Sheriff’s Department Defies Court Order, Refuses to Allow Attorney to Take Photographs of Injured Prisoner
- News in Brief:
More from Holly S. Cooper:
More from these topics:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- Oregon Supreme Court Announces Bright-Line Rule Requiring Dismissal Without Prejudice When State Fails to Appoint Counsel for Eligible Criminal Defendant Within 60 Days in Misdemeanor Cases or 90 Days in Felony Cases Post-Arraignment, March 1, 2026. Appointment of Counsel, Public Defenders, Indigent Defense, Constitution, state, Counsel - Right to.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
- Delaware Supreme Court Announces Trial Courts Must First Resolve Defense Counsel’s Motion to Withdraw Before Addressing Defendant’s Plea-Withdrawal Request, Holding Failure to Do So Violates Sixth Amendment Right to Counsel, Jan. 1, 2026. Appointment of Counsel, Sixth Amendment, Counsel - Constructive denial of, Self-representation, Withdrawal.
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026. Habeas Corpus, Overdetention, Effect of Vacatur, Credits, Concurrent and Consecutive Sentences.
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- DOJ Leaves Louisiana Over-Detention Suit on Life Support, Two Others Granted Class-Action Status, Dec. 1, 2025. Class Certification, Habeas Corpus, Overdetention, Fourteenth Amendment, rights, Unlawful Detention.

