STATE v. LOPEZ-CARRERA

A-8 September Term 2020 A-9 September Term 2020 084750 and 084694.

247 A.3d 842 (2021)

245 N.J. 596

STATE of New Jersey, Plaintiff-Appellant, v. Oscar LOPEZ-CARRERA, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Juan C. Molchor, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Jose A. Rios, Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 30, 2021.


Attorney(s) appearing for the Case

Paul Heinzel , Assistant Prosecutor, argued the cause for appellant in State v. Lopez-Carrera (A-8-20) ( Michael H. Robertson , Somerset County Prosecutor, attorney; Paul Heinzel, of counsel and on the briefs).

Andrew R. Burroughs argued the cause for respondent in State v. Lopez-Carrera (A-8-20) (Bastarrika, Soto, Gonzalez & Somohano, attorneys; Andrew R. Burroughs , Florida, John T. Somohano , and Jerard A. Gonzalez , Woodland Park, on the briefs).

Dana R. Anton , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for appellant in State v. Molchor; State v. Rios (A-9-20) ( Christine A. Hoffman , Acting Gloucester County Prosecutor, attorney; Dana R. Anton, of counsel and on the briefs).

Tamar Y. Lerer , Assistant Deputy Public Defender argued the cause for respondent Jose A. Rios in State v. Molchor; State v. Rios (A-9-20) ( Joseph E. Krakora , Public Defender, attorney; Tamar Y. Lerer , of counsel and on the briefs).

Cristina L. Vazquez argued the cause for respondent Juan C. Molchor in State v. Molchor; State v. Rios (A-9-20) (Cristina L. Vazquez, Cherry Hill, on the brief).

Sarah C. Hunt , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey in State v. Lopez-Carrera (A-8-20) and State v. Molchor; State v. Rios (A-9-20) (Gurbir S. Grewal, Attorney General, attorney; Sarah C. Hunt, of counsel and on the briefs).

Alexander Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey in State v. Molchor; State v. Rios (A-9-20) (American Civil Liberties Union of New Jersey Foundation, attorneys; Alexander Shalom, Newark, on the brief).

Joanne Gottesman argued the cause for amici curiae Immigration Law Scholars and Clinical Professors in State v. Molchor; State v. Rios (A-9-20) (Rutgers Law School Immigrant Justice Clinic, Boston College Legal Services Civil Rights Clinic, and the Cardozo School of Law Kathryn O. Greenberg Immigration Justice Clinic, attorneys; Joanne Gottesman , Reena Parikh , Haiyun Damon-Feng , of the Washington bar, practicing pursuant to R. 1:21-3(c), and Mauricio E. Norõna , of the New York bar, admitted pro hac vice, on the brief).

Michael Noriega submitted a brief on behalf of amicus curiae Association of Criminal Defense Lawyers of New Jersey in State v. Lopez-Carrera (A-8-20) and State v. Molchor; State v. Rios (A-9-20) (Bramnick Rodriguez Grabas Arnold & Mangan, attorneys; Michael Noriega, Newark, on the brief, and Cristina Carreno , of counsel and on the brief).

Richard D. Pompelio submitted a brief on behalf of amicus curiae New Jersey Crime Victims' Law Center in State v. Lopez-Carrera (A-8-20) (New Jersey Crime Victims' Law Center, attorneys; Richard D. Pompelio, Warren, of counsel and on the brief).

Eric M. Mark submitted a brief on behalf of amicus curiae American Immigration Lawyers Association — New Jersey Chapter in State v. Molchor; State v. Rios (A-9-20) (Eric M. Mark, Newark, on the brief).

CJ Griffin submitted a brief on behalf of amici curiae Make the Road New Jersey, Bangladeshi American Women's Development Initiative, Fair and Welcoming Communities Coalition of Somerset County, Faith in New Jersey, First Friends of New Jersey and New York, International Justice Project, MomsRising, National Coalition of Latino Officers, LatinoJustice PRLDEF, Latino American Legal Defense and Education Fund, Law Enforcement Action Partnership, Volunteer Lawyers for Justice, and Wind of the Spirit in State v. Molchor; State v. Rios (A-9-20) (Pashman Stein Walder Hayden, attorneys; CJ Griffin and Rachel E. Simon , on the brief).

Raquiba Huq submitted a brief on behalf of amicus curiae Legal Services of New Jersey in State v. Molchor; State v. Rios (A-9-20) (Legal Services of New Jersey, attorneys; Raquiba Huq, Rachel Salazar , and Melville D. Miller, Jr. , on the brief).

Jennifer B. Condon submitted a brief amici curiae on behalf of National Immigration Project of the National Lawyers Guild, Immigrant Defense Project, and Harvard Law School Crimmigration Clinic in State v. Molchor; State v. Rios (A-9-20) (Seton Hall Law School Center for Social Justice, attorneys; Jennifer B. Condon, on the brief).

Susan G. Roy submitted a brief on behalf of amici curiae Round Table of Former Immigration Judges and Former Board of Immigration Appeals Members in State v. Molchor; State v. Rios (A-9-20) (Law Office of Susan G. Roy, attorneys; Susan G. Roy, on the brief).


These consolidated appeals present a straightforward question: whether the Criminal Justice Reform Act (CJRA or Act), N.J.S.A. 2A:162-15 to -26, empowers judges to detain defendants who are non-citizens to prevent immigration officials from removing...

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