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Petty Offenses, Drastic Consequences: Toward a Sixth Amendment Right to Counsel for Noncitizen Defendants Facing Deportation

" 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 on the right to appointed counsel per se. Part...

For Want of a Good Lawyer: Deportation Without Representation

"In deciding who may stay and who must leave this country, the deportation process for immigrants tolerates unfairness at every turn. Current laws have denied basic due process protections to people held in immigration detention. And now, a new report in the Cardozo Law Review reveals a...

Innovative Approaches to Immigrant Representation: Exploring New Partnerships

CARDOZO LAW REVIEW VOLUME 33 DECEMBER 2011 NUMBER 2 Copyright © 2011 by Yeshiva University All rights reserved CONTENTS Symposium Innovative Approaches to Immigrant Representation: Exploring New Partnerships Foreword Robert A. Katzmann 331 Revised Remarks...

Unpub. BIA Competency Victory: Matter of Y-C-

"The Department of Homeland Security (DHS) appeals from the April 8, 2011, decision of an Immigration Judge terminating proceedings. On appeal, the DHS argues that the Immigration Judge erred by terminating proceedings because the DHS failed to establish alienage and that the Immigration Judge erred...

BIA on Egregious 4th Amendment Violation: Matter of Ixpec-Chitay (Unpub.)

"In this unpublished decision, the Board of Immigration Appeals (BIA) upheld the suppression of evidence obtained by ICE officers who, during an early morning home raid, entered the respondent's home through windows without a search warrant or consent, hit the respondent on the head with a flashlight...

Banished for Life: Deportation of Juvenile Offenders as Cruel and Unusual Punishment

"This Article weaves together the reasoning of two distinct lines of Supreme Court decisions to argue that: (1) deportation is a punishment under the law; and (2) the mandatory deportation of those deported due to a juvenile conviction violates the Eighth Amendment’s prohibition against cruel...

Immigration Court Innovation in NYC

"Mr. Leyva was the first client in a new program that seeks to provide public defenders for all poor immigrants residing in New York who have been detained and are facing deportation. The initiative is the first of its kind in the country. Unlike in the nation’s criminal court system, defendants...