Author: Ray Ybarra Maldonado

Abogado Ray quoted in NPR segment about Government failing to meet Court imposed Deadline

Abogado Ray Ybarra Maldonado was quoted in an NPR segment about the Federal Government’s lack of effort in reuniting children with their parents. The segment, titled Migrant Family Reunifications Continue As Deadline Nears, states that the deadline for the government to reunited the children is July 26.  In a Facebook Live video, Abogado Ray Ybarra Maldonado goes into further detail about the government’s lack of progress in complying with the Federal Judge’s Order.  The status report was filed by both the Government and the American Civil Liberties Union on July 19, 2018.

  • Key points: 2,551 total children are class members

In total, 2,551 children were taken from their parents and placed in a facility separate from their parents. The parents remained in immigration custody, where transferred to U.S. Marshall custody for a federal criminal charge, or were sent to state custody for a pending arrest warrant.  Most common was to take the parents to federal court to charge them with the crimes of illegal entry (8 USC 1325) or illegal reentry (8 USC 1326). After they were given a criminal conviction they were then sent back to immigration custody.

  • Only 1,606 possibly eligible, of this only 848 have been interview and cleared for reunification.

This means that just over half of those deemed eligible by ICE have actually been interviewed to be reunified. This means the government has an extremely large amount of interviews to still complete and only a very small timeframe in which to do that.

  • Potential Class Members not eligible, 91 with prohibitive criminal record or deemed ineligible

Without explanation of the criteria used, the federal government is claiming 91 people have a criminal record which would prohibit them from being a member of the class or getting their child back. The ACLU asked for the criteria but as of the filing of the memo the federal government would not disclose what types of convictions or arrests would disqualify someone from being able to get their child back into their custody.

  • 136 waived reunification

It is difficult to believe that 136 people chose not to be reunited with their children. The government likely lacks any video recording of these alleged waivers signed by individuals. Nobody knows if the waivers were attained with consent or the people were simply told to sign on the dotted line or lied to about what they were signing.

  • Total Number of reunifications 346

A very small percentage given the extremely large number of families that still need to be reunited.

Please like our Facebook Page, Ybarra Maldonado Law Group, to be able to watch any future videos on this issue.

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Is HB 2371 in Arizona targeting Paleteros and Eloteros?

We are unfortunately well aware of Arizona’s history of passing racist, anti-immigration legislation. We remember well the days of SB 1070 and Sheriff Joe Arpaio. Recently we have seen the House of Representatives pass HB 2371, download the full text here.

In this video top immigration and criminal attorney Ray Ybarra Maldonado gives an analysis of House Bill 2371.  The beginning of the video is in Spanish and at the 15:00 minute mark begins the English portion.

DACA case back at 9th Circuit

Abogado Ray Ybarra Maldonado provides an update on recent development on DACA case at 9th Circuit Court of Appeals.

On March 15, 2018 the 9th Circuit Court of Appeals issued an order in the pending DACA case, Regents of the University of California, et. al, v. Department of Homeland Security et. al.  As previously reported the United States Supreme Court rejected the Trump Administration’s attempt to bypass the 9th Circuit Court of Appeals. The order from the 9th Circuit on March 15 granted in part and denied in part a motion to expedite proceedings.  The Court granted the motion to expedite having the case placed in front of a panel, and asked the Clerk of the Court to assign to a random panel as early as May of 2018.  The Court denied ordering that a decision from this panel also be expedited, however, either party can ask the panel to expedite their decision once they know who is assigned to the case.

This means that a decision from the 9th Circuit Court of Appeals could come as early as May or June of this year. If the decision overturns the Northern District Court of California’s Preliminary Injunction, this could mean that USCIS could stop accepting DACA renewal applications. It is unclear how USCIS would proceed given that one Judge in New York has also previously ordered USCIS continue accepting renewal applications.

Given Congress’s absolute neglect of the Dream Act, the results of the Court decisions are extremely important. Just yesterday Trump stated he was upset with Democrats for not including Dreamers and his wall in the latest budget.  Obviously this was simply a political stunt and he had no intention of shutting down the government to support Dreamers. Both major political parties need to stop using Dreamers as a political football and instead pass a clean Dream Act.

Attorney Ray Ybarra Maldonado Selected as America’s Top 100 Criminal Defense Attorneys

Attorney Ray Ybarra Maldonado has been selected among America’s Top 100 Criminal Defense Attorneys for Arizona by America’s Top 100.  Well known in Arizona for his aggressive criminal defense, Ybarra Maldonado has attained not guilty verdicts following felony jury trials in both Federal and State courts.  He has also attained remands in criminal cases from the 9th Circuit Court of Appeals that have led to complete dismissals.

Phoenix Criminal Attorney Ray Ybarra Maldonado has gained national notoriety for his focus on criminal and immigration cases, or as some say “Crimmigration.”  He was the only attorney in Arizona named as a Top Latino Lawyer of 2017. Ybarra Maldonado is frequently asked to provide trainings and continuing legal education courses to criminal attorneys about the immigration consequences of a defendant’s criminal case. He has litigated and won Rule 32 hearings, arguing that the original criminal defense attorney gave ineffective assistance of counsel around the issue of immigration consequences.  “The immigration and criminal systems are completely different. I am proud to be able to use my experience in both areas of the law to better serve my community. Every person charged with a crime deserves to know the consequences the case will have on their immigration status,” said Ybarra Maldonado.  “This award is a reflection of the hard work our entire offices puts in when we welcome someone into our family and defend their criminal case.”  Ybarra Maldonado has represented individuals charged with murder, aggravated assault, kidnapping, possession of drugs for sale, possession of narcotic drugs for sale, Aggravated DUI, DUI, Illegal Re-entry (1326s), Unlawful Transportation of Individuals, Money Smuggling, Robbery, and many other alleged crimes.

America’s Top 100 selected Ybarra Maldonado through an exhaustive selection process involving third-party research and ranking based on proprietary algorithms and Qualitative Comparative Analysis, which assess a broad array of criteria and data, including criminal defense verdicts, exceptional legal achievements, professional experience, significant case results, peer reputation, client satisfaction, other notable honors, media notoriety, and community impact. Ultimately, less than one-half percent of attorneys in the United States will ever be named an awardee, making it one of the premier achievements for Criminal Defense Attorneys throughout the nation.

You can reach the Ybarra Maldonado Law Group for a free evaluation of your criminal case by calling 602-910-4040.