LexisNexis® Legal Newsroom
CA3 on Mandatory Detention, 'When...Released' - Sylvain v. Atty. Gen.

"This case presents a straightforward question: Do immigration officials lose authority to impose mandatory detention if they fail to do so "when the alien is released"? The answer turns on the interplay between several provisions of the Act. We conclude that dilatory officials do not...

Padilla Retroactive in Mass: Commonwealth v. Sylvain

Wendy Wayne writes: "Today, the SJC held that the duty of defense counsel to accurately advise noncitizens clients of immigration consequences, as announced in Padilla v. Kentucky, is retroactive under Massachusetts common law for convictions obtained after April 1, 1997. The SJC also found a separate...

Mass. High Court Breathes New Life Into Padilla in Commonwealth v. Sylvain

"In an important decision last week the Massachusetts Supreme Judicial Court (SJC) confirmed it will continue to part ways with the United States Supreme Court over the retroactive application of the Supreme Court’s 2010 decision in Padilla v. Kentucky , 559 U.S. 356, requiring effective crimmigration...