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
What if my NTA was never issued?
August 20, 2009 | Leave a Comment
This is an actual question I received via e-mail:
“Is there an expiry date allowing relief if there has never been issued an NTA? My example is where, after a statement at a port of entry was given and a temporary green card with a one year validity was issued, an NTA was never received and [...]
Jul
13
In Parts I and II of this series, I wrote of how a case gets to immigration court and subsequently the basics of immigration court including what to expect at an immigration hearing. In Part III of this series, I would like to discuss the avenues for “relief from removal” when your case is in [...]
May
16
Immigration Court Explained: Part II – Master Hearing and Individual Hearing
May 16, 2008 | Leave a Comment
-Immigration Court Part II- Master hearing and Individual hearing
By Attorney Farhad Sethna, Copyright 2007, all rights reserved
In part I of this series, we talked about how a case gets to immigration court and the charging document called the “Notice to Appear”(NTA). In this article, we’ll continue to explore the basics of immigration court including what [...]
Immigration Seminar Textbook