Articles Posted in Due Process Rights

Published on:

new-york-office-of-court-administration-squarelogo-1545295047208

“All New Yorkers, regardless of income, race, religion or immigration status, should have the opportunity to use the court system to advocate for themselves and their interests.”

— Assemblywoman Michaelle Solages–

The first of its kind in the country, the New York State Office of Court Administration issued a directive Wednesday April 17th, 2019, barring U.S. Immigration and Customs Enforcement (ICE) officers from arresting immigrants at state courthouses without a warrant signed by a federal judge. In addition to the judicial warrant (as opposed to an administrative warrant), judges must now be informed of ICE’s presence within the courthouses so that they can review and sign the warrant prior to an individual’s detention.

Published on:

due-process-300x172Two of the most fundamental rights from the U.S. Constitution are the right to due process and the right to be free from false arrest. Anyone who has taken a basic Civics class knows that every person in America has the right to be heard before deprivation of their life, liberty, or property. Contrary to those fundamental principles, NDH Lawyers’ most recent case is one where those two rights were stripped from a student at Virginia Tech University. His name is Yunsong “Bellamy” Zhao. Bellamy was arrested unlawfully by the Virginia Tech police and then expelled from the university without an opportunity for due process.

Bellamy is arrested based on false evidence, according to the Complaint

Bellamy came to the U.S. from China on a student visa to study at Virginia Tech in 2017. He was 19 when he arrived and started college. He spent his 20th birthday in jail. Always having a fascination with America, he taught himself English by watching movies. He became interested in American law enforcement and gun culture. Once he moved to Virginia, he bought a used police car from a dealership in Roanoke; he thought it was cool to cruise in his blue and silver Crown Victoria. He got a good deal on the car too.