Immigration Law

Recent Posts

Denver DA Immigration Consequences Policy (April 2019)
Posted on 25 Apr 2019 by Daniel M. Kowalski

Beth McCann, Denver District Attorney, Apr. 23, 2019 "... Unless ... immigration effects are taken into consideration by deputy district attorneys in appropriate circumstances, some defendants will be exposed to direct consequences that were not... Read More

Groundbreaking Federal Court Decision Requires Prompt Bond Hearings or Release for Certain Asylum-Seekers
Posted on 6 Apr 2019 by Daniel M. Kowalski

NWIRP, Apr. 5, 2019 "Today, in a groundbreaking decision, a federal judge in Seattle dealt a blow to the government’s campaign to deter and obstruct asylum seekers applying for protection in the United States. Judge Marsha Pechman ordered... Read More

Deportation is a Penalty: Bado v. U.S.
Posted on 24 Jun 2018 by Daniel M. Kowalski

Bado v. U.S. - "The court, sitting en banc, is asked to decide whether the Sixth Amendment guarantees a right to a jury trial to an accused who faces the penalty of removal/deportation as a result of a criminal conviction for an offense that is punishable... Read More

TX Ct. Crim. App. Extends Padilla Coverage: Ex Parte Aguilar
Posted on 21 Sep 2017 by Daniel M. Kowalski

Ex Parte Aguilar, Sept. 20, 2017 - "[W]hen a conviction automatically triggers a loss of status which, in turn, renders a defendant presumptively removable, Padilla applies. ... [P]lea counsel negotiated a plea agreement for a state-jail felony and... 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

The Prosecutor's Role in the Current Immigration Landscape
Posted on 19 Feb 2018 by Daniel M. Kowalski

Hillary Blout, Rose Cahn, and Miriam Aroni Krinsky, Criminal Justice magazine, Winter 2018 - "The United States Supreme Court has held that criminal defense counsel is constitutionally obligated to advise noncitizen defendants about the immigration... Read More

Roundup: Chaidez Fallout
Posted on 21 Feb 2013 by Daniel M. Kowalski

" In Chaidez v. United States , the Court held that Padilla v. Kentucky , in which the Court held that the Sixth Amendment requires defense attorneys to inform criminal defendants of the deportation risks of guilty pleas, does not apply retroactively... Read More

Deportation, Then and Now
Posted on 8 Nov 2012 by Daniel M. Kowalski

"In March 2010, the U.S. Supreme Court concluded that a defendant's 6th Amendment right to counsel — and its implied right to effective counsel — is violated when defense lawyers fail to warn their noncitizen clients that a guilty... Read More

Texas Couple Reunited After Deportation Threat
Posted on 9 Feb 2012 by Daniel M. Kowalski

"A Waco woman’s fight to keep federal immigration officials from deporting her husband is over and Nazry and Hope Mustakim are together again after nearly 10 months of separation. Nazry Mustakim was released Tuesday night from the Pearsall... Read More

Wisc. Sup. Ct. Guts Padilla: César Cuauhtémoc García Hernández
Posted on 21 Jul 2015 by Daniel M. Kowalski

"In two cases released the same day, the Wisconsin Supreme Court made it much more difficult for migrants to demand the effective assistance of counsel that the Sixth Amendment entitles them and all defendants in criminal prosecutions to receive... Read More

Court Enjoins New Mexico's Foreign National Residency Certification Program
Posted on 8 Oct 2012 by Daniel M. Kowalski

"Immigrant advocates in New Mexico praised a court settlement announced last week that effectively laid to rest a controversial driver’s license certification program implemented by the state Motor Vehicle Division (MVD) last year. In a mutually... Read More

Tenacious lawyers, Supreme Court ruling help free Texas immigrant
Posted on 22 Feb 2012 by Daniel M. Kowalski

"Naz's attorneys kept searching for ways to keep him from being deported, eventually deciding to challenge the original drug conviction. Eventually, a Cook County district attorney agreed to reopen the case when Naz's attorneys cited... Read More

Tags: padilla , naz , Texas

Petty Offenses, Drastic Consequences: Toward a Sixth Amendment Right to Counsel for Noncitizen Defendants Facing Deportation
Posted on 7 Dec 2011 by Daniel M. Kowalski

" This Article considers whether Padilla v. Kentucky might have implications beyond the question of what constitutes effective assistance of counsel, and specifically, whether Padilla might provide a basis for challenging current limitations... Read More

Strickland/Padilla Victory in Texas: Ex Parte Ramirez
Posted on 9 Aug 2012 by Daniel M. Kowalski

Another Strickland/Padilla victory (unpub.) from attorney Steve Spurgin in Marfa, Texas: Ex Parte Ramirez, Aug. 1. 2012 . Read More

Online Chaidez (Padilla Retroactivity) Symposium Continues
Posted on 1 Nov 2012 by Daniel M. Kowalski, Nov. 1, 2012 : " The online symposium on Chaidez v. United States continues today with contributions by Christopher N. Lasch, Craig Siegel, and Carlos M. García. On Monday, the symposium will feature several analyses of... Read More