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Was the Attorney Really Ineffective in Kovacs v. USA?

"In Kovacs v. United States , the United States Court of Appeals for the Second Circuit reversed a lower district court’s decision denying a writ of error coram nobis to vacate a 1999 guilty plea to misprision of felony on the ground that his lawyer rendered ineffective assistance. While the...

Mass. SJC on Advisals; 'Eligible' for Deportation an Inadequate Warning: Commonwealth v. DeJesus

" On Monday, the Massachusetts Supreme Judicial Court (SJC) held that a noncitizen received constitutionally ineffective assistance of counsel where his attorney warned only that a plea to an aggravated felony would make him “eligible for deportation” and that he “face[d] being...

New Mexico Supreme Court on Chaidez: Ramirez v. State

"In State v. Paredez, 2004-NMSC-036, ¶ 19, 136 N.M. 533, 101 P.3d 799, we held that a criminal defense attorney who represents a noncitizen client “must advise that client of the specific immigration consequences of pleading guilty” to pending charges. An attorney’s failure...

EOIR Proposed Rule: Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of Counsel

Federal Register / Vol. 81, No. 145 / Thursday, July 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 and adjudication of motions to reopen removal, deportation...