Immigration Law

Recent Posts

NY Appeals Court: Padilla Retroactive - People v. Baret
Posted on 3 Oct 2012 by Daniel M. Kowalski

"We conclude that Padilla, decided after defendant's conviction was affirmed on direct appeal (43 AD3d 648 [2007], affd 11 NY3d 31 [2008]), should be applied retroactively." - People v. Baret, Oct. 2, 2012 . Hats off to Labe M. Richman... Read More

Padilla Victory in NY: People v. Picca
Posted on 8 Jun 2012 by Daniel M. Kowalski

"Here, the defendant has alleged that he was born in Italy, left his country of origin when he was three years old, and has never returned. The defendant is now 50 years old, is a lawful permanent resident of the United States, and has resided in... Read More

N.Y. Ct. App. on Padilla Retroactivity: People v. Baret
Posted on 8 Jul 2014 by Daniel M. Kowalski

"The United States Supreme Court held in Padilla v Kentucky (559 US 356 [2010]) that the Sixth Amendment requires criminal defense counsel to advise their noncitizen clients about the risk of deportation arising from a guilty plea. The Court subsequently... Read More