Unpub. BIA Remand Victory: Using Martinez v. Mukasey

"[I]n Martinez v. Mukasey, 519 F.3d 532 (5th Cir. 2008), the United States Court of Appeals for the Fifth Circuit reached a different result than that reached by this Board in Matter of Koljenovic, 25 I&N Dec. 219 (BIA 2010) (LJ. at 6-7). The Fifth Circuit determined that the statutory bar on...

Immigrant Loses Battle Against Bank of America

"In this case of David vs. Goliath, Goliath wins. An undocumented immigrant from Mexico sues Bank of America after he's nearly deported when his bank manager turns him over to authorities. Lawyers for Luis Martinez ask: Do you want your banker acting as a de facto immigration agent?" -...

Potential GOP Veep Nixes Romney's Immigration Ideas, Forges Own Path

"Mitt Romney was already facing a hard time within his party when it comes to his stance on illegal immigration. Now, the presumptive GOP nominee faces criticism on the issue from a potential running mate, New Mexico Gov. Susana Martinez (R). In an interview with Newsweek’s Andrew Romano...

Georgia Supreme Court on Padilla, Prejudice: State v. Martinez

"Regardless of the prior erroneous advice from plea counsel, the trial court correctly informed Martinez of the immigration consequences of his guilty plea, and he has therefore failed to prove that he was prejudiced by counsel’s deficient performance." - State v. Martinez, July 13, 2012...

Immigrant Goes Undercover in Florida Detention Center

"In a Democracy Now! exclusive, undocumented immigrant-rights activist Viridiana Martinez speaks out from a detention center in Pompano Beach, Florida, after being purposely arrested. Martinez is one of a group of "DREAM activists" with the National Immigrant Youth Alliance who have infiltrated...

The Failure of Prosecutorial Discretion and the Deportation of Oscar Martinez

"This Article is an account of my failed efforts to stop the forced deportation of Oscar Martinez and the lessons I learned from that experience. My representation of Mr. Martinez centered on navigating the administrative process of requesting prosecutorial discretion from Department of Homeland...

Cal. Sup. Ct. on Immigration Advisement in Criminal Cases: People v. Martinez

"[Cal.] Penal Code section 1016.5 requires that before accepting a plea of guilty or nolo contendere to any criminal offense, the trial court must advise the defendant that if he or she is not a United States citizen, conviction of the offense may result in deportation, exclusion from admission...

Two Big Asylum Cases at 4th Circuit This Week

"This week, the U.S. Court of Appeals for the Fourth Circuit, the federal appellate court which sets federal law in Maryland, Virginia, West Virginia and the Carolinas, will hear two cases regarding U.S. asylum law. In Temu v. Holder and Martinez v. Holder, the court will consider the contours of...

CA4 on Social Group, Former (MS-13) Gang Membership: Martinez v. Holder

"[W]e conclude that the BIA erred as a matter of law in its interpretation of the phrase “particular social group” by holding that former gang membership is not an immutable characteristic of a particular social group for purposes of § 1231(b)(3)." - Martinez v. Holder, Jan...