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Latino Daily News

Tuesday February 8, 2011

Judge Challenges VA. Supreme Court Decision on Immigration Issue

Judge Challenges VA. Supreme Court Decision on Immigration Issue

Photo: The Virginia Supreme Court Building

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A Loudoun County Judge decided last week that he would not comply with the Virginia Supreme Court’s decision last month that judges in the state may not use an obscure aspect of the law in order to reopen the case of immigrants who were not aware of the fact that a criminal conviction could cause them to be deported. 

Chief General District Court Judge Dean S. Worcester is the judge who has publically come out dissenting against the VA Supreme Court Decision.  Last week, Worcester ruled that he believed that the justices were “simply wrong,” and that he would continue to open closed cases.  “If this Court were to abide by the ruling, a constitutional violation will stand uncorrected…the Court will not allow this to happen,” wrote Worcester. 

The defense attorney who was working on the case, Rob Robertson, was very happy with the Judge’s decision.  “It is very refreshing to see that there are judges in the commonwealth who are not going to let a constitutional violation stand,” said Robertson.