Articles Posted in California Courts of Appeal

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In 2012, Vikash, a U.S. citizen born in Fiji, married Ashlyne, a citizen of Fiji, in Fiji in an arranged marriage. Vikash filed an immigration visa petition on Ashlyne's behalf, which was approved, and submitted an I–864 affidavit of support, under which the sponsor agrees to “[p]rovide the intending immigrant any support necessary to maintain ... an income that is at least 125 percent of the Federal Poverty Guidelines ... that person may sue you for this support.” According to Ashlyne, Vikash abused her and “tricked” Ashlyne into going to Fiji in 2013, where he abandoned her. Her legal permanent resident stamp was torn out of her passport. Ashlyn obtained temporary documents from the U.S. Embassy and returned to the U.S. Vikash sought an annulment. Ashlyne indicated she had applied for government assistance and argued that by signing the I–864 affidavit, Vikash agreed to support her for 10 years. The court awarded temporary support and ordered Ashlyne to make efforts to get the necessary paperwork "to work in this country if she is intending on remaining.” The court later terminated support and denied Ashlyne’s request to enforce the I–864 because Ashlyne was “not using best efforts to find work.” The court of appeal reversed. An immigrant spouse has standing to enforce the I-864 support obligation in state court and has no duty to mitigate damages. View "In re: Marriage of Kumar" on Justia Law

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The Court of Appeal held that a period of supervision following deportation is impractical and inconsistent with the goals and purposes of the legislation that mandates imposition of split sentences. At the time of his sentencing, the trial court considered Arce's request for a split sentence and denied it. The trial court noted that upon his release from physical custody, defendant Jose Arce was subject to deportation proceedings initiated by the United States Immigration and Customs Enforcement (ICE). The trial court found that, given the risk Arce would be deported during the period of any mandatory supervision, and thus not be subject to the probation department's supervision or able to participate in the rehabilitative services offered by the department, a split sentence was not a realistic disposition. On appeal, Arce argued the trial court should have considered the possibility that he would be able to challenge his deportation and stay in this country either temporarily while his immigration status was litigated or, although unlikely, permanently. He noted that a number of other factors that show he was amenable to mandatory supervision, including the fact that he has been in this country lawfully since 2000, had no prior criminal record, was married to a United States citizen and had three children, all of whom were also United States citizens. Split sentences are the preferred disposition in eligible cases because they provide released prisoners with close supervision and supportive services designed to substantially reduce the risk of recidivism. As a practical matter, such supervision and services are not available after a prisoner has been deported. View "California v. Arce" on Justia Law