RECOGNIZING A CONTROLLING IMMIGRATION JUDGE
© Attorney Farhad Sethna 2013 While most immigration court judges tend to be polite and professional, there will be some immigration judges (IJ’s) who will decide that they can behave […]
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 […]
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.