Was the Attorney Really Ineffective in Kovacs v. USA?

"In Kovacs v. United States , the United States Court of Appeals for the Second Circuit reversed a lower district court’s decision denying a writ of error coram nobis to vacate a 1999 guilty plea to misprision of felony on the ground that his lawyer rendered ineffective assistance. While the...

Mass. SJC on Advisals; 'Eligible' for Deportation an Inadequate Warning: Commonwealth v. DeJesus

" On Monday, the Massachusetts Supreme Judicial Court (SJC) held that a noncitizen received constitutionally ineffective assistance of counsel where his attorney warned only that a plea to an aggravated felony would make him “eligible for deportation” and that he “face[d] being...

New Mexico Supreme Court on Chaidez: Ramirez v. State

"In State v. Paredez, 2004-NMSC-036, ¶ 19, 136 N.M. 533, 101 P.3d 799, we held that a criminal defense attorney who represents a noncitizen client “must advise that client of the specific immigration consequences of pleading guilty” to pending charges. An attorney’s failure...