Drinking, Driving And Deportation – An Update
DUI AND DEPORTATION © 2013 Attorney Farhad Sethna In previous articles on my blog, I had written about the immigration consequences of criminal convictions. One class of criminal activity results […]
“Show Me Your Papers” withstands Supreme Court scrutiny – for now
U.S. SUPREME COURT REAFFIRMS FEDERAL CONTROL OVER IMMIGRATION In Arizona v. United States, 567 U.S._____(2012) (Decided June 25, 2012), the United States Supreme Court ruled on Arizona statute S.B. 1070. […]
A Common Sense Approach to Padilla v. Kentucky- Competent Representation in Criminal Cases with Immigration Implications
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.
US Supreme Court issues PADILLA v. KENTUCKY Decision on Immigration Consequences of Criminal Conviction
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.
Appeals Court holds that employer not responsible for visa fees and expenses
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 […]