LexisNexis® Legal Newsroom
New Mexico Court of Appeals on Padilla Retroactivity: State v. Ramirez

"Martin Ramirez, a/k/a Richard Sanchez, (Petitioner) appeals the district court's denial of his writ of coram nobis, which sought to vacate Petitioner's twelve-year-old conviction due to ineffective assistance of counsel under State v. Paredez, 2004 NMSC 36, 136 N.M. 533, 101 P.3d 799. Paredez...

Strickland/Padilla Victory in Texas: Ex Parte Ramirez

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

BIA (unpub.) and DHS on 'Particularly Serious Crime,' Solicitation

"LAMBDA LEGAL NEWS RELEASE, June 5, 2013 Contact Tom Warnke: T: 213-382-7600 x 247 C: 213-841-4503 ; twarnke@lambdalegal.org ==================================================== Immigration Court Rules in Favor of HIV-Positive Man Facing Deportation after Solicitation Conviction "This is a...

SEC Halts Texas-Based Scheme Targeting Foreign Investors Seeking U.S. Residency Through EB-5 Visa Program

"The Securities and Exchange Commission today announced fraud charges against a husband and wife in Texas for stealing funds from foreign investors under the guise of an investment opportunity to create U.S. jobs and a path to U.S. residency. The SEC alleges that Marco and Bebe Ramirez and three...

Secular Pacifist Denied Citizenship by San Diego USCIS

"A California resident applying for U.S. citizenship has had her application denied because immigration officials did not accept as valid a conscientious objector, declaration to “bear arms” in defense of the U.S. because it is secular in nature. The American Humanist Association’s...

TPS = Admission for AOS Purposes: Ramirez v. Dougherty

"The only issue for the Court is whether Mr. Ramirez was “inspected and admitted,” and therefore eligible to adjust his status. The determination hinges on the interplay between the adjustment of status statute, § 1255(a), and a subsection of the TPS statute, § 1254a(f)(4)...

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...

NM SUPREME COURT: PADILLA APPLIES RETROACTIVELY

"In an important decision, the New Mexico Supreme Court held that Padilla v. Kentucky , 559 U.S. 356 (2010), applies retroactively to 1990. Ramirez v. State , No. 33,604, slip op. (N.M. June 19, 2014). The court’s decision departs from the U.S. Supreme Court’s ruling in Chaidez v. United...

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...

CA9 on Crime of Violence, Agg. Fel. - Ramirez v. Lynch

Ramirez v. Lynch, Jan. 20, 2016 - "Our examination of the text of [California Penal Code] section 273a(a), the Shepard documents, and California case law reveals that the state need not prove that a defendant committed a violation of section 273a(a) under a particular prong; the four prongs are...