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False Statements and Immigration Benefits: Part 4

by Fred Sisto | Oct 3, 2017 | Blog, Criminal Law, Interrogation, Monmouth County, Ocean County

If that much is true, the inquiry turns to the prospect that such an investigation would have borne disqualifying fruit. The Government need not show definitively that its investigation would have unearthed a disqualifying fact.  It need only establish that the...

False Statements and Immigration Benefits: Part 3

by Fred Sisto | Oct 1, 2017 | Blog, Criminal Law, Interrogation, Monmouth County, Ocean County

The statute Congress passed, most naturally read, strips a person of citizenship not when she committed any illegal act during the naturalization process, but only when that act played some role in her naturalization. When the underlying illegality alleged in a...

False Statements and Immigration Benefits: Part 2

by Fred Sisto | Sep 29, 2017 | Blog, Criminal Law, Interrogation, Monmouth County, Ocean County

Justice Kagan, writing for a six-justice majority, held that the text of §1425(a) makes clear that, to secure a conviction, the Government must establish that the defendant’s illegal act played a role in her acquisition of citizenship. The pro-prosecutor wing of the...

False Statements and Immigration Benefits: Part 1

by Fred Sisto | Sep 27, 2017 | Blog, Criminal Law, Interrogation, Monmouth County, Ocean County

On June 22, 2017, the United States Supreme Court decided the case of Maslenjak v. United States. Petitioner Divna Maslenjak is an ethnic Serb who resided in Bosnia during the 1990’s, when a civil war divided the new country.  In 1998, she and her family sought...

New Child Porn Laws: Part 3

by Fred Sisto | Sep 21, 2017 | Blog, Criminal Law, Laws Protecting Children, Monmouth County, Ocean County

“N.J.S.A. 2C:24-4. Endangering Welfare of Children” was amended as well. The first change involved a broadening of the definition of “Item depicting the sexual exploitation or abuse of a child.” The definition now includes “a photograph, film, video, an...
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