PREPARING FOR IMMIGRATION COURT

FALSE CLAIM TO U.S. CITIZENSHIP

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.

What if my NTA was never issued?

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 […]

IMMIGRATION COURT EXPLAINED: PART III: Relief from Removal

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 […]