Immigration Law

Recent Posts

Mass. SJC on Advisals; 'Eligible' for Deportation an Inadequate Warning: Commonwealth v. DeJesus
Posted on 23 May 2014 by Daniel M. Kowalski

" 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”... Read More

Was the Attorney Really Ineffective in Kovacs v. USA?
Posted on 10 Mar 2014 by Daniel M. Kowalski

"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... 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

EOIR Proposed Rule: Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of Counsel
Posted on 28 Jul 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 - "The Department of Justice (Department) is proposing to amend the regulations of the Executive Office for Immigration Review (EOIR) by establishing procedures for the filing and adjudication... Read More