ALIEN GETS THIRD CHANCE TO FIND IMMIGRATION ASSISTANCE
By Attorney Farhad Sethna, © 2013 Hervens Timothe, an immigrant from Haiti, received a third chance to find immigration counsel. The Board of Immigration Appeals held on August 29, 2013 […]
PADILLA HEARING RESULTS IN REOPENING REMOVAL CASE
By Farhad Sethna, Attorney, © 2013 In the case of Sewdat Rajpaul, the Board of Immigration Appeals (BIA) held on August 15, 2013 that it would reopen its prior final […]
Gay Marriages Now Recognized under US Immigration Law
SUPREME COURT RULING MAKES IMMIGRATION OF MARRIED SAME-SEX COUPLES POSSIBLE © Attorney Farhad Sethna 2013 On June 26, 2013, the Supreme Court issued a landmark decision in United States v. […]
THE FUTURE OF PADILLA? CHAIDEZ V. U.S.
Is the Padilla ruling alive and well or on life support? By Attorney Farhad Sethna © 2013 On February 13, 2013, the United States Supreme Court decided Chaidez v. U.S., […]
DUI Y DEPORTACIÓN
© 2013 Abogado Farhad Sethna En anteriores artículos en mi blog, blog.immigration-america.com he escrito sobre las consecuencias de inmigración en condenas criminales. Una clase de actividad criminal que resulta afectando […]
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.