United States of America v. Roberto Esquivel

Albuquerque, New Mexico, immigration law lawyer represented the Plaintiff seeking a Writ of Mandamus to Adjudicate Visa Petition.

A mandamus action may be filed in court to compel USCIS, or any administrative agency, to act where there has been an unreasonable delay that causes harm to the applicant. A mandamus essentially forces the administrative government agency to act.... More...    $0 (01-25-2024 - NM)

The Fourth Amendment protects citizens from unreasonable seizures by law
enforcement. If an inquisitive agent approaches someone who does not want to
respond, all the person must do is say so. But if one voluntarily answers an agent’s
non-coercive questions, the conversation falls outside the scope of the Fourth
Amendment even if, as is the case here, it reveals a crime. Defendant ... More...    $0 (11-20-2019 - NM)

Abraham Gonzalez-Alarcon filed a habeas petition under 28 U.S.C. § 2241
alleging specific facts which, if proven, would demonstrate that he is a United States
citizen. He seeks release from custody from Immigration and Customs Enforcement
(“ICE”) following ICE’s reinstatement of a prior order of removal on that basis.
Dismissing Gonzalez-Alarcon’s petition, the district court concl... More...    $0 (03-20-2018 - NM)

Las Cruces, NM - Mexican National Pleads Guilty to Aggravated Identity Theft and Passport Fraud Charges -
Charges Arise Out of Defendant’s Use of a Stolen Identity for 30 Years

Juan Manuel Almanza-Martinez, 58, a Mexican national illegally residing in the United States, pled guilty yesterday in federal court in Las Cruces, N.M., to making false statements on a passport application and... More...    $0 (10-16-2017 - NM)

3 Defendant Jesus Castro was charged with two counts of criminal sexual
4 penetration. Defendant had two trials; the first resulted in a mistrial, and thirty-two
5 months later, after the second trial, a jury convicted him of one count of forced penile
6 penetration. The delay was due to multiple continuances, attorney motions to
7 withdraw from the case, the mistrial, ... More...    $0 (08-24-2017 - NM)

Albuquerque, NM - Justice Department Settles U.S. Worker Discrimination Claims Against New Mexico Farm

The Justice Department announced that it has reached a settlement agreement with Carrillo Farm Labor, LLC (Carrillo Farm), an onion farm in Deming, New Mexico. The settlement resolves the department’s investigation of complaints that Carrillo Farm discriminated against U.S. citizens due ... More...    $0 (05-24-2017 - NM)

Albuquerque, NM - Prior Felon from Roswell Pleads Guilty to Unlawful Possession of a Firearm

Enrique Chavarria, 33, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws by unlawfully possessing a firearm and ammunition. The guilty plea was entered without the benefit of a plea agreement.

Chavarria was arrested on July 2... More...    $0 (09-16-2016 - NM)

Defendant Josef E. Pfauntsch was charged by criminal information following
15 a domestic dispute with his Russian-born wife. Represented by attorney Troy W.
16 Prichard, Defendant entered into a written plea and disposition agreement. The
17 written plea agreement included the following language: “I understand that entry of
18 this plea agreement may have an effect upon my immigrat... More...    $0 (01-20-2016 - NM)

This appeal having come before the full Court and each Justice having read the
5 briefs of the parties and otherwise being fully informed on the issues and applicable
6 law as raised and briefed by the parties; and
7 {2} The members of the Court having concurred that there is no reasonable
8 likelihood that a Decision or Opinion would affect the disposition of this appeal or
9 ... More...    $0 (01-05-2016 - NM)

DeAngelo M. (Child) was thirteen years and eight days old when during a custodial interrogation by three law enforcement officers, he made inculpatory statements regarding a burglary, which connected Child to a murder. Had Child made his statements nine days earlier, his statements would not have been admissible against him in any delinquency proceedings. NMSA 1978, § 32A-2-14(F) (2009). Had C... More...    $0 (12-29-2015 - NM)

COEUR D'ALENE, ID - Randy James Hirst, 58, of Rathdrum, Idaho, was sentenced to 36 months in prison for possessing child pornography, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Hirst to pay $3,000 to a child in one of the images Hirst possessed, and to serve ten years of supervised release upon his release from prison. Hirst pleaded guilty to t... More...    $0 (05-06-2015 - NM)

Las Cruces, NM – Carlos Torres, 39, of Huntington Park, Calif., pleaded guilty in federal court in Las Cruces, N.M., to fleeing from a U.S. Border Patrol checkpoint at a high rate of speed. The guilty plea was entered without the benefit of a plea agreement.

Torres was arrested on Jan. 28, 2015, during a routine inspection at the U.S. Border Patrol checkpoint on Interstate 10 in Doña ... More...    $0 (04-17-2015 - NM)

{1} This case concerns the weight to be given to two types of evidence in evaluating
prejudice in immigration-related ineffective assistance of counsel claims: judicial warnings
of immigration consequences and the strength of the State’s evidence against the defendant.
Defendant Cesar Favela filed a motion requesting permission to withdraw his guilty plea,
alleging ineffective as... More...    $0 (01-12-2015 - NM)

Defendant Raul Cruz was convicted by a jury of knowingly and intentionally
possessing with intent to distribute methamphetamine, in violation of 21 U.S.C. §§
841(a)(1), (b)(1)(B), and 18 U.S.C. § 2, and sentenced to a term of imprisonment of 63
months. Cruz’s conviction and sentence were affirmed on direct appeal. United States v.
Cruz, 680 F.3d 1261, 1262 (10th Cir. 2012) (Cr... More...    $0 (12-22-2014 - NM)

Las Cruces, NM – Hai Gan, 57, a legal, permanent resident from China who resides in The Colony, Texas, was sentenced in federal court in Las Cruces, NM, for his conviction on fraud, immigration and witness-tampering charges. The sentence was announced by U.S. Attorney Damon P. Martinez, Acting Special Agent in Charge Tom Hernandez of Homeland Security Investigations (HSI) in El Paso, Texas, a... More...    $0 (11-14-2014 - NM)

ALBUQUERQUE, New Mexico – Luis Anthony Tobanche, 34, a Mexican national illegally present in the United States, was sentenced today to 100 months in federal prison for violating the federal firearms and immigration laws. Tobanche will be deported after completing his prison sentence.
Tobanche was arrested in March 2013, based on a criminal complaint charging him with being a felon in posses... More...    $0 (10-02-2014 - NM)

After a sting operation involving two confidential informants and substantial audio and video surveillance, federal law enforcement officers caught Jesus Cabral-Ramirez (“Mr. Cabralâ€�) and Defendant-Appellant Maria Gutierrez de Lopez (“Ms. Gutierrezâ€�) attempting to transport an undocumented alien from El Paso, Texas to Denver, Colorado. A federal grand jury indicted Ms. Gutierrez on one cou... More...    $0 (08-01-2014 - NM)

ALBUQUERQUE, NM – Luis Anthony Tobanche, 34, a Mexican national illegally present in the United States, pleaded guilty this afternoon to violating the federal firearms and immigration laws.

Tobanche was arrested in March 2013, based on a criminal complaint charging him with being a felon in possession of a firearm. Tobanche was indicted in Aug. 2013 and charged with unlawfully possessi... More...    $0 (06-09-2014 - NM)

A federal jury convicted Gilbert Turrietta of assaulting a law enforcement officer. The jury reached its verdict despite having never been sworn. The problem would have gone unnoticed were it not for a belated objection from Turrietta’s attorney, Charles Knoblauch. He knew from the outset of the trial that the jury had not been sworn, yet strategically reserved any objection until a guilty verdi... More...    $0 (08-29-2012 - NM)

{1} Several months after being granted sole legal and physical custody of Patrick D. (Child), Brian D. and Peggy D. (Grandparents) filed a petition for guardianship and custody pursuant to the Kinship Guardianship Act (the Act), NMSA 1978, §§ 40-10B-1 to -15 (2001). Julie Ann D. (Mother), Grandparents’ daughter, consented to the guardianship, but Freedom C. (Father) opposed it. After an eviden... More...    $0 (05-30-2012 - NM)

New Mexico enacted a law making it easier for victims of identity theft to expunge negative information from their credit reports. Before the law took effect, the Consumer Data Industry Association (“CDIAâ€�), a trade group comprised of hundreds of consumer-data companies, brought a pre-enforcement challenge contending the law is preempted by the federal Fair Credit Reporting Act (“FCRAâ€�). T... More...    $0 (05-07-2012 - NM)

{1} Worker Jesus Gonzalez appeals the decision of the Workers’ Compensation Judge (WCJ) denying him modifier benefits from his employer Performance Painting, Inc. (Employer) under NMSA 1978, Section 52-1-26(C) (1990), of the New Mexico Workers’ Compensation Act (the Act), NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2007). The WCJ denied modifier benefits because Worker’s undocume... More...    $0 (01-10-2011 - NM)

In this prisoner suit, plaintiff Michael Rene Ross brings Eighth Amendment claims against several defendants alleging that a slippery shower floor was unreasonably dangerous and that he did not receive appropriate medical attention after falling in the shower and injuring his shoulder. Applying a total exhaustion rule, the district court dismissed these claims without prejudice for failure to e... More...    $0 (05-03-2004 - NM)

Mr. Chen is a native and citizen of Taiwan who entered the United States in 1982, at the age of twenty-three, as a lawful permanent resident. On September 25, 1995, after pleading guilty, a Georgia state district court convicted Mr. Chen of possession and sale of marijuana, possession of marijuana with intent to distribute, and possession of a firearm during the commission of a crime. Mr. Chen ... More...    $0 (01-14-2004 - NM)

In June of 2002, a border patrol agent apprehended Mr. Trinidad Lucio-Lucio for violating the immigration laws. Mr. Lucio-Lucio had been deported twice previously, most recently on May 10, 2002. He subsequently pled guilty to one count of illegally reentering the United States, in violation of 8 U.S.C. § 1326. Because he had a prior conviction in Texas for driving while intoxicated, which had b... More...    $0 (10-29-2003 - NM)