CLEAR (Creating Law Enforcement Accountability & Responsibility), a legal nonprofit and clinic at CUNY School of Law, has secured a landmark victory in the U.S. Court of Appeals for the Second Circuit that upholds the sanctity of citizenship for naturalized Americans. In a groundbreaking en banc decision, the full court of appeals reversed a ruling by a three-judge panel and held that naturalized U.S. citizens have a constitutional right to be warned by their attorneys about potential denaturalization and deportation risks when considering guilty pleas. The legal effort on behalf of Abderrahmane Farhane, who immigrated to New York City from Morocco with his family, is led by CLEAR Co-Director and CUNY Law Professor Ramzi Kassem and other CLEAR staff, in partnership with the law firm WilmerHale. The case establishes crucial precedent by recognizing that naturalized American citizens have the same constitutional right as noncitizens to be warned about the severe immigration consequences of guilty pleas. The Washington Post’s coverage highlights how this victory, achieved through the combined efforts of CLEAR faculty and student attorneys, reinforces fundamental constitutional protections at a pivotal moment in the United States.
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The Washington Post | November 16, 2024
“Appeals court strengthens protections for naturalized U.S. citizens —
Abdulrahman Farhane’s U.S. citizenship was threatened after his guilty plea. An appeals court said his lawyer needed to tell him of that risk”