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Category: Court Decisions

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“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. […]

June 27, 2012 Farhad Sethna
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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.

June 13, 2010 Farhad Sethna
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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.

June 13, 2010 Farhad Sethna
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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 […]

August 20, 2009 Farhad Sethna

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