Court cites racial profiling in tossing gun charge

Legal Solutions

The highest court in Massachusetts on Tuesday threw out a gun conviction against a Boston man in a ruling that says black men who flee when approached by police may be reacting to racial profiling rather than trying to hide criminal activity.

In its ruling, the Supreme Judicial Court found that Boston police had "far too little information" to stop Jimmy Warren after seeing him and another black man walking in Boston's Roxbury neighborhood about 30 minutes after they received a report of a home break-in in 2011.

Police had received only a vague description of three black males wearing dark clothing and hooded sweatshirts seen leaving the home. Warren ran when police approached him. After a foot chase, an officer arrested him in a backyard. He was charged with unlawful possession of a firearm after a handgun was found on the front lawn.

The SJC found that police did not have a reasonable suspicion to stop Warren and his friend, noting that an officer's hunch is not enough. The court cited a report by the Boston Police Department that found black men were disproportionately stopped and frisked by Boston police between 2007 and 2010. The court said black men in Boston who flee when approached by police does not necessarily indicate that they are guilty of a crime.

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USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.