Jun

13

A Common Sense Approach to Padilla v. Kentucky- Competent Representation in Criminal Cases with Immigration Implications

June 13, 2010 | Leave a Comment

A lawyer advising a non-citizen client in a criminal matter has an added duty: to advise the client of the immigration consequences, if any, of a criminal conviction. Failure to advise that results in a deportable consequence or some other immigration detriment, such as inability to naturalize or exclusion, could be the grounds for a claim of ineffective assistance of counsel under Padilla that could result in the underlying conviction being reopened and vacated.

Jun

13

US Supreme Court issues PADILLA v. KENTUCKY Decision on Immigration Consequences of Criminal Conviction

June 13, 2010 | Leave a Comment

The US Supreme Court issues a landmark decision that could affect the reopening and reduction of criminal sentences if the alien was given poor advice or no advice on the immigration consequences of a criminal conviction. Notable is the concurrence (agreement) by Justices Alito and Roberts.

Aug

20

Appeals Court holds that employer not responsible for visa fees and expenses

August 20, 2009 | Leave a Comment

In the convoluted world of H-1B non-agricultural temporary worker processing, this case stood out as a good example of the seamier side of hiring foreign workers. In Castellanos-Contreras, et al v. Decatur Hotels, LLC, Fifth Circuit case #07-30942 (July 21, 2009), the court ruled on a complaint filed by Castellanos-Contreras and two others that [...]