Immigration Law

Recent Posts

CA4 on Ineffective Assistance: U.S. v. Carrillo Murillo
Posted on 26 Jun 2019 by Daniel M. Kowalski

U.S. v. Carrillo Murillo "Appellant prioritized immigration in the plea negotiation process and had a significant reason to do so: avoiding mandatory separation from his family and his home. The qualified statements from Appellant’s plea... Read More

CA2 Slams Feds in Coram Nobis Writ: Doe v. US
Posted on 16 Feb 2019 by Daniel M. Kowalski

Doe v. US "The petition argues that Doe’s defense counsel was ineffective in affirmatively assuring him that there should be no immigration consequences for pleading guilty when, in fact, the crime to which he pleaded was an aggravated felony... Read More

CA11 on Ineffective Assistance: Flores-Panameno v. US Atty. Gen.
Posted on 22 Jan 2019 by Daniel M. Kowalski

Flores-Panameno v. US Atty. Gen. "Elida Antonia Flores-Panameno petitions for review of the Board of Immigration Appeals’s (“BIA”) dismissal of her appeal. In short, Flores-Panameno asserts she received ineffective assistance... Read More

Supreme Court (6-2) on Ineffective Assistance of Counsel: Jae Lee v. U.S.
Posted on 23 Jun 2017 by Daniel M. Kowalski

Jae Lee v. U.S., June 23, 2017 - "Petitioner Jae Lee was indicted on one count of possessing ecstasy with intent to distribute. Although he has lived in this country for most of his life, Lee is not a United States citizen, and he feared that a criminal... Read More

Unpub. BIA Victory re Ineffective Assistance, Equitable Tolling (Feb. 12, 2018)
Posted on 19 Feb 2018 by Daniel M. Kowalski

CLINIC Training and Legal Support Senior Attorney Michelle N. Mendez writes: "The ASAP team of Swapna Reddy, Dorothy Tegeler, and Liz Willis has done it again. With just a few days before her check-in with Atlanta ICE ERO, a mother reached out to... Read More

S. Carolina Sup. Ct. on Ineffective Assistance of Counsel: Taylor v. State
Posted on 11 Mar 2018 by Daniel M. Kowalski

Taylor v. State, Feb. 28, 2018 - "This is a post-conviction relief (PCR) matter in which Petitioner Gregg Taylor, a Jamaican citizen, pled guilty to a drug offense. Petitioner resided in South Carolina for years with his wife and two children... Read More

CA1 on Ineffective Assistance, Exceptional Circumstances: Murillo-Robles v. Lynch
Posted on 11 Oct 2016 by Daniel M. Kowalski

Murillo-Robles v. Lynch, Oct. 11, 2016 - "Although the Board of Immigration Appeals (BIA) has broad discretion in the disposition of motions to reopen, broad discretion is not the same as unfettered discretion. This case, which arises out of an in... Read More

Advance Copy of EOIR Proposed Rule: Motions to Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of Counsel
Posted on 27 Jul 2016 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 07/28/2016 - "The Department of Justice (Department) is proposing to amend the regulations of the Executive Office for Immigration Review (EOIR) by establishing procedures for... Read More

N.J. Sup. Ct. App. Div. on Padilla - State v. Antuna
Posted on 17 Aug 2016 by Daniel M. Kowalski

State v. Antuna, Aug. 16, 2016 - "Defendant Mariano Antuna appeals from an August 4, 2014 order denying his petition for post-conviction relief (PCR). Defendant argues he received ineffective assistance of counsel because his trial counsel failed... Read More

CA9 on Ineffective Assistance of Counsel, Equitable Tolling: Salazar-Gonzalez v. Lynch
Posted on 20 Aug 2015 by Daniel M. Kowalski

"Sometimes, it is difficult to distinguish between a client’s bad luck and a lawyer’s bad advice. Risk is an inherent part of litigation, and lawyers must weigh countless probabilities when advising their clients on what claims to pursue... Read More

Padilla victory in Texas: Elizondo-Vasquez v. State
Posted on 27 Oct 2011 by Daniel M. Kowalski

"[I]n light of clear and consistent evidence that Vasquez would not have pled guilty but for the deficient advice, we must likewise hold that due to counsel’s ineffective assistance, the plea was involuntary. We reverse the case and remand... Read More

CA9 on Padilla: USA v. Rodriguez-Vega
Posted on 14 Aug 2015 by Daniel M. Kowalski

Court Staff Summary - "Vacating a conviction of misdemeanor attempted transportation of illegal aliens, the panel held that the district court erred in failing to hold, upon a petition under 28 U.S.C. § 2255, that defendant’s counsel was... Read More

CA7 on Evidence, Ineffective Assistance: Chen v. Holder
Posted on 2 Apr 2015 by Daniel M. Kowalski

"Where, as here, the Board ignores a potentially meritorious argument when deciding a motion to reopen, it abuses its discretion. ... Thus, the petition for review is granted. The Board should determine if Chen’s attorneys incompetently neglected... Read More

An End-Run Around Padilla? Batamula II (CA5, En Banc)
Posted on 5 May 2016 by Daniel M. Kowalski

U.S. v. Batamula (Batamula II, en banc,) May 3, 2016 - "Batamula failed to allege facts or adduce evidence showing that the outcome of the plea process would have been different with competent advice. The record conclusively established that he was... Read More