Browse By Tags

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...

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...

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...

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...

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...

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...

" 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...

"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...

"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...

"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...

"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...

"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...

" 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...

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

crImmigration.com, 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...