LexisNexis® Legal Newsroom
Unpublished BIA Victory: 212(c), Ineffective Assistance, Mental Capacity

Jon Eric Garde of Las Vegas recently received good news from the BIA, granting his motion to reopen a case that had last been before the Board in 1998! Matter of Stevens, A035-172-124 - Detroit, Oct. 12, 2011, unpublished .

Padilla victory in Texas: Elizondo-Vasquez v. State

"[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 to the trial court for further proceedings."...

Transporting Padilla to Deportation Proceedings: A Due Process Right to the Effective Assistance of Counsel

Transporting Padilla to Deportation Proceedings: A Due Process Right to the Effective Assistance of Counsel Stephen H. Legomsky St. Louis University Public Law Review, 2012 Washington University in St. Louis Legal Studies Research Paper 11-10-04 Abstract: The Supreme Court’s landmark...

CA5 on ineffective assistance, derivative citizenship: USA v. Juarez

"The defendant-appellant (Juarez) appeals the district court’s decision on his ineffective assistance of counsel claim. Juarez’s counsel failed to independently research and investigate the derivative citizenship defense. Citizenship is a defense to the alienage element of both crimes...

Judge Asks Napolitano to Do the Right Thing

"A man who fears his cooperation with a narcotics prosecution in the 1980s will get him killed now that he has been deported to his native Macedonia has lost his attempt to have his guilty plea thrown out. Adnan Asan pleaded guilty to a lesser charge and earned the plaudits of the government for...

After CA5 Published Remand, BIA Reopens 1988 Deportation Case

"The respondent in this case was ordered deported in absentia on September 29, 1988. The Board dismissed his appeal of an Immigration Judge's denial of his motion to reopen those proceedings on September 28, 2009. On May 12, 2010, the Board denied a motion filed by the respondent seeking to...

CA9 on Ineffective Assistance: USA v. Lopez-Chavez

"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 his removability, failing to appeal the...

N.M. Court Tosses Old Pot Conviction Due To Ineffective Assistance of Counsel

"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 impossible – were set aside...

CA7 on Evidence, Ineffective Assistance: Chen v. Holder

"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 evidence and arguments that might...

CA7 on Ineffective Assistance of Counsel: Habib v. Lynch

"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 a material fact—his marital status...

CA5 on Ineffective Assistance of Counsel: USA v. Batamula

"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 of making a false statement to a federal...

Judge Dismisses 'Unfair' Charge of Illegal Re-entry: U.S. v. Gonzalez

"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 unfair" that Teodoro...

Wisconsin SC on Padilla, IAC - Wisc. v. Ortiz-Mondragon; Wisc. v. Shata

"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 law is not "succinct, clear, and explicit"...

CA9 on Padilla: USA v. Rodriguez-Vega

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 to advise her that her plea...

CA9 on Ineffective Assistance of Counsel, Equitable Tolling: Salazar-Gonzalez v. Lynch

"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, and arguments to raise. This...

CADC on Ineffective Assistance: USA v. Newman

"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 he was unable to show prejudice. For...

An End-Run Around Padilla? Batamula II (CA5, En Banc)

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 before his guilty plea, and he remained...