Cleveland Law Library Weblog

CPL Staff Memo on Immigration Enforcement

The Cleveland Public Library sent a memo to staff advising them not to intervene if Immigration and Customs Enforcement (ICE) agents come to library branches to arrest patrons. Executive director and CEO, Felton Thomas, emphasized that interfering with arrests could lead to legal consequences, such as obstruction of justice. Thomas reassured staff that it’s unlikely ICE would target CPL employees but reminded them that ICE agents can legally enter public library spaces. Additionally, the library must protect patron privacy under Ohio law, and staff should direct ICE inquiries about personal information to the library’s legal counsel.

Cleveland Law Library to Host CLE Lost in Translation on July 27th

The Cleveland Law Library will host a CLE program called Lost in Translation on July 27, 2017. Alvaro DeCola, Esq. will discuss court interpretation demographics, the legal background for language access, and key considerations when appointing an interpreter from the interpreter's perspective. This activity has been approved by the Supreme Court of Ohio Commission on Continuing Legal Education for 3.00 total CLE hours instruction. For more information, click here.

National Pro Bono Week Is In Full Swing Here in Cleveland with Many Programs, Including Foreclosures, Expungements, Elder Law, Pro Se Divorce and Immigration

National Pro Bono Week is in full swing here in Cleveland with many programs sponsored by the Legal Aid Society of Cleveland, the Cleveland Metropolitan Bar Association, and others. The full schedule of events occurring in Northeast Ohio has been posted by the Legal Aid Society. Highlights of this week's events include programs on foreclosures, expungements, elder law, pro se divorce, and immigration/naturalization.

DOJ Threatening Cuyahoga County With Suit Over Bilingual Ballots

The Plain Dealer reports that the DOJ is threatening to sue the Cuyahoga County Board of Elections if it does not print bilingual ballots for everyone in the County to ensure that Puerto Rican voters can read the ballots and make informed choices when voting. The DOJ's apparent demand is based on the Voting Rights Act of 1965, and the BOE is considering the costs and other considerations involved in this request. The article highlights what the BOE has already done to reach out to Puerto Rican citizens for prior elections, including hiring Spanish-speaking poll workers and translators for about 35 precincts.

Demjanjuk Loses in U.S. Supreme Court

The United States Supreme Court has declined to grant a petition for a writ of certiorari to John Demjanjuk, a local resident of Seven Hills, Ohio who has been accused of being Ivan (also spelled Iwan) the Terrible, a Nazi death-camp guard. The long-running case against Demjanjuk has been pending for several decades, during which Demjanjuk has been fighting a deportation order, most recently (and unsuccessfully) on January 30, 2008 in the federal 6th Circuit Court in Cincinnati, Ohio (Case No. 07-3022 on PACER). The Plain Dealer article reporting the Supreme Court's decision indicates that Demjanjuk will finally have to move to Germany, Poland or the Ukraine. PACER contains the dockets for the underlying district court proceedings in Case Nos. 1:99-cv-01193 (USA v. Demjanjuk) and 1:88-cv-00864-GWW (Demjanjuk v. USA). A wikipedia article chronicles the progress of Demjanjuk's case since it began in the late 70's.

Area Immigration Office Deported 37% More Immigrants this Year

According to the Cincinnati Enquirer, the Detroit area field office of U.S. Immigration and Customs Enforcement has deported 37% more illegal immigrants from Ohio and Michigan than last year. Field Agents removed about 4,000 undocumented immigrants and arrested 1,816 fugitive aliens this year, a figure which the Plain Dealer reports is double the figure from 2004. According to an agency spokesman, the agency targets aliens who are the most likely threats, including felons, gang members and others who pose of threat to public safety. Of the 1,816 arrested last year, the Inquirer reported that 159 were convicts.

State Drug Possession Felony that is Federal Misdemeanor Not an "Aggravated Felony" Under Immigration Law

The U.S. Supreme Court held that a drug possession offense that was a felony under state law, but not a felony under federal law, did not constitute an "aggravated felony" for immigration purposes.    A drug offense must either be a felony under federal law or constitute drug trafficking in order to be an "aggravated felony" for immigration purposes.   An aggravated felony conviction eliminates the possibility of a discretionary cancellation of removal by the Attorney General.  Lopez v. Gonzales, 05-7664.    Supreme Court Rules in Favor of Immigrant on Deportation Issue by Pete Yost, Associated Press, Law.com, Dec. 6, 2006.  For more discussion, see: Lopez: the Supreme Court reverses Ninth Circuit law on possession as an aggravated felony , Ninth Circuit Blog, Dec. 5, 2006. 

Immigration Court Coming to Ohio

In 2006, an immigration court will open in Ohio to deal with a backlog of cases, including deportation cases and requests for asylum.  Currently, Ohio immigration cases are handled by teleconferencing with judges in Virginia.  See Ohio Getting Immigration Court in '06 to Deal with Huge Backlog by Sabrina Eaton, The Plain Dealer, Nov. 15, 2005.  For a listing of current immigration courts, see U.S. Department of Justice: EOIR Immigration Court listings.