Attorney Carolina Martin Ramos's Legal Cases

Civil rights

“MS. L.; et al., Petitioners–Plaintiffs, v. U.S. ("ICE"); et al., 310 F. Supp. 3d 1133, (S.D. Cal. 2018).

Jan 01, 2018

OUTCOME: Still pending

The lawsuit cites violations of the Constitution’s due process clause, federal law protecting asylum seekers, and of the government’s own directive to keep families intact. Carolina Martin Ramos worke ... d with plaintiffs who were deported parents and children held in U.S. custody after family separations. She was one of the first attorneys to travel to Guatemala/Maya Territories to find families to unite them with their children and to gather declarations for the federal litigation.

Civil rights

Aleman Gonzalez v. Barr, 955 F.3d 762 (9th Cir. 2020).

Jan 01, 2018

OUTCOME: Pending before US SCOTUS

Aleman Gonzalez v. Barr, 955 F.3d 762 (9th Cir. 2020) (affirming that individuals detained for six months under 8 U.S.C. § 1231(a)(6) are entitled to individualized bond hearings in the Ninth Circuit) ... . On April 7, 2020, in the United States Court of Appeals for the Ninth Circuit, in an action where Plaintiffs challenged their prolonged detention, the panel affirmed the Northern District Court’s Preliminary Injunction. This requires the Government to provide each class member detained for six months or longer with a bond hearing before an immigration judge where the burden is on the Government to justify continued detention. The Government filed a Petition for a Writ of Certiorari in the Supreme Court of the United States on September 4, 2020. The Ninth Circuit has determined that its prior decision in Diouf II survives the Supreme Court’s decision in Jennings v. Rodriguez. The class of petitioners at issue are individuals with reinstated removal orders. final orders of removal that have not been executed, and who have review of denied motions to reopen pending before the federal appellate court, and who have been detained for at least six months without a bond hearing. The court found that Government must provide class members with an individualized bond hearing after six months of detention when a class member’s release or removal is not imminent, and that the Department of Homeland Security must bear the burden of proving that continued detention is warranted by clear and convincing evidence. The court held that the class members are not entitled to subsequent custody reviews every six months thereafter.

Civil rights

Dundon v. Kirchmeier

Jan 01, 2017

OUTCOME: Pending

Member, Red Owl Legal Collective/Water Protector Legal Collective (WPLC), National Lawyers Guild (NLG), Volunteer Attorney at Oceti Sakowin, Standing Rock Sioux Nation (2017). On November 28, 2016, ... WPLC filed Dundon v. Kirchmeier, a federal civil rights class action lawsuit challenging law enforcement excessive force. Navajo lead plaintiff Vanessa Dundon, who was attempting to aid another person, was struck in the face and eye by a teargas canister and may never regain vision in her right eye. The lawsuit seeks damages and injunctive relief against further indiscriminate use of dangerous weapons such as impact munitions, explosive teargas grenades and canisters, and water cannons and hoses, for crowd dispersal.

Immigration

http://nmafc.org/2014/02/nice-job-carolina-thanks-for-all-the-great-work-you-do/

Jan 01, 2014

OUTCOME: Cases dismissed & immigration consequences avoided

Volunteer work with immigrants facing criminal charges in New Mexico.

Immigration

Non-Citizen Defendant DUI Case Dismissed After Deportation

Jan 01, 2011

OUTCOME: all charges dismissed

I successfully persuaded state criminal court to quash bench warrants issued & dismiss DUI case after non-citizen defendant was deported. Through brief and motions I successfully showed court that the ... State should have prevented deportation of client by gaining a departure control order. I argued that issuance of a bench warrant for defendant taken into federal custody & deported would violate defendant's fundamental rights to due process & equal protection. Since the District Attorney's Office had not attempted to transport the defendant to state custody and didn't use state's powers to prevent deportation, the court dismissed the charges.

Carolina Martin Ramos's Legal Cases (5)

“MS. L.; et al., Petitioners–Plaintiffs, v. U.S. ("ICE"); et al., 310 F. Supp. 3d 1133, (S.D. Cal. 2018).

Aleman Gonzalez v. Barr, 955 F.3d 762 (9th Cir. 2020).

Dundon v. Kirchmeier

http://nmafc.org/2014/02/nice-job-carolina-thanks-for-all-the-great-work-you-do/

Non-Citizen Defendant DUI Case Dismissed After Deportation