Immigration Law

Recent Posts

CA2 on Duty of Court to Warn of Immigration Consequences: U.S. v. Gonzales
Posted on 13 Mar 2018 by Daniel M. Kowalski

U.S. v. Gonzales - "Defendantā€Appellant Winifredo Gonzales appeals from a judgment of conviction in the United States District Court for the Western District of New York (Geraci, C.J.), arguing that his guilty plea was not knowingly entered. During... Read More

New Mexico Supreme Court on Chaidez: Ramirez v. State
Posted on 20 Jun 2014 by Daniel M. Kowalski

"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”... Read More

Waiting for Descamps: How the Supreme Court Might Save Your Crim/Imm Case
Posted on 11 Feb 2013 by Daniel M. Kowalski

"The U.S. Supreme Court will issue a decision in the spring 2013 term in a criminal case, Descamps v. United States , that may have very beneficial implications for immigration cases. The issue relates to proper application of the categorical approach... Read More

Colo. Ct. App. on Withdrawal of Plea: People v. Corrales-Castro
Posted on 29 Mar 2015 by Daniel M. Kowalski

"[W]e hold that, when, as here, a defendant shows that his or her guilty plea may have serious legal consequences under federal immigration law notwithstanding its withdrawal pursuant to section 18-1.3-102(2), the defendant may challenge the constitutionality... Read More

The Consequences of Legalization Versus Mass Deportation
Posted on 30 Aug 2012 by Daniel M. Kowalski

"In this report we describe the direct impacts of either deporting or legalizing undocumented workers. In reality, the effects would be much larger. Mass deportation, for example, would result in an indirect negative impact on local businesses... Read More

The Consequences of 1924: For Greg Siskind and Many Others, It's Personal
Posted on 18 Aug 2014 by Daniel M. Kowalski

"I get so tired of hearing from anti-immigrants that their relatives came over the legal way. The vast majority of people who say this have no idea what it took to come to the US, but up until 1924, virtually anyone who wanted to immigrate to America... Read More