Monthly Archives: March 2010

Criminal Defense Counsel has a Sixth Amendment obligation to inform a defendant about immigration consequences or to advise when consequences are clear

Posted on March 31, 2010 by Mike Baker

The first step has been taken to equate deportation with “punishment”. If “deportation is an integral part—indeed, sometimes the most important part — of the penalty that may be imposed on noncitizen defendants who plead guilty to specified crimes” then, … Continue reading →

Posted in ineffective assistance of counsel, Padilla, Padilla v. Kentucky | 2 Comments

Supreme Court Holds that Florida Battery Conviction Was Not “Violent Felony”

Posted on March 30, 2010 by Mike Baker

In a case with implications for aliens facing domestic violence deportation charges or with aggravated-felony crime of violence convictions, the U.S. Supreme Court in Johnson v. U.S., 2010 WL 693687, held that the Florida felony offense of battery by “[a]ctually … Continue reading →

Posted in Aggravated felony, crime of violence, Domestic battery | Leave a comment

9th Cir. overturns Matter of Lettman: felony convictions before November 18, 1988 are not Aggravated Felonies

Posted on March 29, 2010 by Mike Baker

“We conclude that he may not be removed, because (1) the 1988 law that made aliens deportable for aggravated felony convictions did not apply to convictions prior to November 18, 1988; and (2) neither Congress’s overhaul of the grounds for … Continue reading →

Posted in Aggravated felony | Leave a comment

2009 Country Reports on Human Rights Practices

Posted on March 27, 2010 by Mike Baker

The Department of State’s (DOS’) Bureau of Democracy, Human Rights, and Labor has released the Country Reports on Human Rights Practices for 2009. As with 2008, there are a total of 194 country reports. Human Rights Abuses in Countries in … Continue reading →

Posted in 2009 Country Reports on Human Rights Practices, Department of State's Human Rights Practices | Leave a comment

Well-founded fear of persecution that respondents would be subject to forced sterilization

Posted on March 26, 2010 by Mike Baker

Matter of H-L-H- & Z-Y-Z-, 25 I&N Dec. 209 (BIA 2010)  U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals Decided March 26, 2010 Whether an alien has presented sufficient evidence to establish a well-founded fear … Continue reading →

Posted in BIA, Board of Immigration Appeals | Leave a comment