PREPARÁNDOSE PARA LA CORTE DE INMIGRACIÓN
© Abogado Farhad Sethna 2013 Es una realidad que personas nacidas en el extranjero que no son ciudadanos estadounidenses y que se encontran en procesos ante la corte de inmigración; […]
PREPARING FOR IMMIGRATION COURT
© Attorney Farhad Sethna 2013 It is a fact of life that foreign-born individuals who are not US citizens may find themselves in immigration court. Sometimes, they are placed in […]
FALSE CLAIM TO U.S. CITIZENSHIP
© 2012 Farhad Sethna, Attorney In immigration law, there are very few immigration offenses which are treated as severely as a false claim to U.S. citizenship. Obviously, aggravated felons, drug […]
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 […]
Immigration Court Explained: Part II – Master Hearing and Individual Hearing
-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 […]