- New Mexico Provides Greater Protection from Illegal Search & Seizure than Federal Law
Posted November 28, 2009, 11:48 am by Collins & Collins
The recent New Mexico Supreme Court case of State v. Joshua Garcia makes clear that Article II, Section 10 of New Mexico's Constitution extends greater protection from illegal search and seizure than that set forth in the 1991United States Supreme Court case of California v. Hodari D. State v. Garcia involved a domestic violence call whereby the caller indicated that she wanted an individual named Joshua Garcia removed from her home. Upon responding to the call, the officer saw a man walking...
- I-601 Waiver of Grounds of Inadmissibility for Extreme Hardship
Posted November 27, 2009, 2:10 pm by Collins & Collins
I-601 Waiver of Grounds of Inadmissibility. The I-601 Waiver of Grounds of Inadmissibility is often filed when the alien petitioning for a visa or permanent residence is denied after his initial interview. This denial often occurs either because of prior criminal convictions that deem that alien inadmissible or deportable, or the fact that the alien entered the United States without Inspection by immigration officials. Often times a petition denial is due in part to violation of the 5 year bar...
- ICE Encounters: Keep Your Immigration Papers Handy
Posted November 27, 2009, 1:09 pm by Collins & Collins
ICE is currently conducting enhanced enforcement of the immigration laws throughout the United States. ICE officers are patrolling building sites, hotels and restaurants, city bus stops, bus stations, and train stations looking for aliens who are out of status, were never in status, or are otherwise here illegally. ICE officers are looking for anyone they deem suspicious. This category might include anyone who is not speaking English and anyone who is carrying newspapers or magazines that are...
- ICE ACCESS Programs Encourage Racial Profiling in Local Enforcement
Posted November 27, 2009, 9:26 am by Collins & Collins
ICE ACCESS (Immigration and Custom Enforcement Agreements for Cooperation in Communities to Enhance Safety and Security) encompasses a number of local law enforcement partnership programs. Each of these programs is aimed at channeling non-citizens from local criminal justice systems to the immigration enforcement system. Unfortunately, these programs offer few of the protections traditionally present in the criminal justice system. Though the programs are presumably aimed at identifying and...
- Passports Will Soon be Required for New Mexico Air Travelers
Posted November 26, 2009, 2:54 pm by Collins & Collins
Beginning January 1, 2010, New Mexico air travelers may be required to present a passport to get through airport security. This will include domestic air travel. New Mexico has not been expelled from the United States, nor is this a result of failures in education. It is not even the result of the general unavailability of maps to the public as once suggested by Ms. South Carolina. Instead, it results from New Mexico's refusal to adopt the federal REAL ID Act. The REAL ID Act is federal...
- The Vagaries and Absurdities of New Mexico DWI Law & Policy
Posted November 25, 2009, 12:34 pm by Collins & Collins
In Albuquerque and throughout New Mexico, you can be charged with DWI even when you are under the legal limits. You can even be charged for DWI when you have not been driving at all. In fact, it is illegal to sleep in your truck after drinking. Albuquerque Police will charge you with DWI and the Courts here will convict. This bizarre consequence with potentially disastrous effects is made possible by New Mexico case-law. A case in Georgia last week found that one could not be charged with auto...
- Permanent Residence: Marriage Interviews with USCIS and Consular Officers
Posted November 25, 2009, 11:40 am by Collins & Collins
The quickest way an alien in the United States can obtain permanent residence (a green card) is through filing a marriage petition with USCIS. The prerequisite for this is that the alien must be married to a United States citizen. The reason the marriage petition process is must faster is because unlike a petition for alien relative, if you are married to a United States citizen you have a visa number immediately available. If you are having a relative with United States citizenship petition...
- More Than 60,000 Participate in Virtual Town Hall on Immigration Reform
Posted November 23, 2009, 1:31 pm by Collins & Collins
On November 19, 2009, more than 60,000 gathered across the nation for a virtual town hall meeting on immigration reform. The numbers included activists, immigrants, law enforcement, community groups, families, friends, and neighbors. The national teleconference was organized by an enormous coalition of faith based, law enforcement, labor, civil rights, and immigrant advocacy groups. The broad coalition is working together in an effort to pass comprehensive immigration in 2010. The Reform...
- Obama Sets 3 Goals of Comprehensive Immigration Reform
Posted November 22, 2009, 2:07 pm by Collins & Collins
Homeland Security Secretary Janet Napolitano announced that the Obama administration will continue to move toward comprehensive immigration reform in 2010. Napolitano stated that the legislation will meet 3 related goals. The first goal would be tougher and more thorough enforcement of existing laws related to the hiring of illegal workers. The administration would continue to toughen the laws as well as the enforcement of those laws against employers that employ illegal workers. The goal is to...
- Basic New Mexico Child Custody Rules
Posted November 22, 2009, 10:39 am by Collins & Collins
It is often said that divorce is hardest on the children, who are faced with wondering why their parents split up, possibly feeling guilty for their perceived role in that separation and often having to get used to a new place to live. In New Mexico, the term child custody is a complicated concept; it refers not only to which parent has physical possession of the child, but also which parent has the power to make to make decisions about the children's lives. Physical custody is generally...
- Divorce and Custody Mediation in New Mexico
Posted November 22, 2009, 10:18 am by Collins & Collins
Mediation is a relatively informal process in which a neutral third party facilitates communication between the parties to a divorce action or custody dispute, the goal being that the parties will resolve their issues themselves rather than having a judge decide those issues for them. A mediation is also often called a settlement facilitation and in several judicial districts around New Mexico, including the Second Judicial District in Albuquerque, there are services associated with the courts...
- Child Custody Evaluations Through Court Clinic
Posted November 22, 2009, 10:09 am by Collins & Collins
Many of the courts throughout the State of New Mexico, including the Second Judicial District Court in Albuquerque and the Thirteenth Judicial District Court in Sandoval County, have Court Clinic Services. Court Clinic's purpose is to help parties resolve issues of child custody, time-sharing and visitation. Court clinic does not get involved in other issues related to the divorce. In fact, Court Clinic does not even have authority to address child support. Most cases involving child custody...
- Annulment of Marriage in New Mexico
Posted November 22, 2009, 9:21 am by Collins & Collins
There are a variety of reasons why a couple might seek an annulment rather than a divorce, ranging from religious values to the fact that they just don't like the sound of the word divorce. The purpose of an annulment as opposed to a divorce is that an annulment renders a marriage void, as if it never happened, whereas a divorce dissolves the marriage. Unfortunately, those who seek an annulment in New Mexico are most likely going to be disappointed. Unlike a divorce, which can be filed in New...
- Proving or Disproving Paternity in New Mexico
Posted November 21, 2009, 6:40 pm by Collins & Collins
When a child is born in New Mexico during a marriage, or within 300 days of the dissolution of a marriage, the law in New Mexico will presume that the child is the child of the parties to the marriage. When a child is born outside of a marriage, the law only presumes that the mother is the parent of the child. A father can establish his paternity by: signing an acknowledgment of paternity form, which is available from the New Mexico Department of Health and Vital Statistics; by genetic testing;...
- Unlawful Search & Seizure Under the 4th Amendment
Posted November 21, 2009, 8:40 am by Collins & Collins
The 4th Amendment to the United States Constitution reads: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The 4th Amendment protections against unlawful search and seizure rests on the right to privacy proving...
- Albuquerque Prosecutors Take the Driving out of Driving While Intoxicated
Posted November 20, 2009, 8:29 pm by Collins & Collins
Most people are surprised to learn they can be charged with DWI/DUI even when below the limits of .08. In fact, under the limits DWI charges in Albuquerque are quite common. In fact, people are arrested for DWI even when they are not driving. A recent story in the Albuquerque Journal told the story of a Vietnam veteran, Fidencio Francia, who was arrested for DWI despite the fact that he never started his car. Instead, he knew that he had had too much to drink so he wisely chose not to drive....
- Maintaining Your Legal Immigration Status is Critical
Posted November 19, 2009, 5:40 pm by Collins & Collins
The consequences of going out of legal immigration status or of never being in legal immigration status are extremely serious. If you are originally in legal status and for some reason your status expires, your status will not be renewed and you will be barred from the United States for a period of time depending on the length of your overstay. If you are apprehended before you leave the United States, you will also very likely be served with a Notice to Appear in Immigration Court. This means...
- Immigrant Petition for Alien Entrepreneur
Posted November 19, 2009, 5:26 pm by Collins & Collins
The Immigrant Petition for Alien Entrepreneur is reserved only for those wishing to apply for permanent residence who have started or bought businesses within the United States. When compared to other avenues through which an immigrant could obtain permanent residence through the various employment based Visa preferences, the Petition for Alien Entrepreneur is one of the most difficult and time consuming. This is due in large part to the tremendous amount of documentation necessary for a...
- Enforcement of Child Support in New Mexico
Posted November 17, 2009, 8:45 pm by Collins & Collins
Non-compliance with court ordered child support is all too common in New Mexico family law cases. Many times, the non-custodial parent simply refuses to pay child support. Just as frequently, particularly in the current economy, the non-custodial parent is unable to pay court ordered child support. When a non-custodial parent is unwilling or unable to pay child support, it can create a very difficult financial situation for the custodial parent. Not surprisingly, as the economy worsens, the...
- There are Many Options for the Payment of Alimony in New Mexico
Posted November 17, 2009, 8:26 pm by Collins & Collins
If alimony is an issue in your case, there are numerous options available to negotiate and satisfy the alimony obligation. Most of the time, alimony will be negotiated without the necessity of a trial. It should be pretty clear whether your case is an alimony case. If your case is an alimony case, then negotiation and settlement of this issue will likely be preferable to any outcomes you can achieve in a very unpredictable divorce trial. Should the case proceed to trial, the Court will consider...