People v. Patterson, Mar. 27, 2017 - "Patterson argues that the prosecution cannot allege in good faith that he would have accepted the plea bargain even if he was aware of its immigration consequences because they have not proffered facts tending to show...
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 absentia...
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 to properly...
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 the filing...
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 deportable...
"Appellant Kerry Newman seeks to vacate his conviction for federal wire fraud on the ground that his attorney failed to properly advise him about the immigration consequences of pleading guilty. The district court denied his request partly because it believed...
"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, motions to file,...
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 ineffective in failing...
"We conclude that Ortiz-Mondragon is not entitled to withdraw his no-contest plea to substantial battery because he did not receive ineffective assistance of counsel. Specifically, his trial counsel did not perform deficiently. Because federal immigration...
"The failure to tell an immigrant who was in the country illegally about his right to seek voluntary departure from the United States has led a federal judge to dismiss a charge of illegal re-entry. Southern District Judge Jesse Furman ruled that it was "fundamentally...
"Innocent Rutahagara Batamula, a citizen of Tanzania, after entering the United States on a student visa, marrying a United States citizen, and applying for a change in his immigration status, pleaded guilty pursuant to a written plea agreement to one count...
"Ashraf Habib, a 56-year-old citizen of Pakistan, petitions for review of an order of the Board of Immigration Appeals denying his motion to reopen on the ground of ineffective assistance of counsel. Habib was charged with removability for misrepresenting...
"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 to offer...
"The order was short, but for Martin Ramirez, very sweet. After years of litigation that took his case to the New Mexico Supreme Court, the misdemeanor convictions he acquired over a decade ago – and which made his efforts to become a legal resident virtually...
"Brigido Lopez-Chavez challenges his conviction for criminal reentry by making a collateral attack on his underlying removal order. He argues that his attorney in the immigration proceedings provided ineffective assistance of counsel in erroneously conceding...