Monthly Archives: February 2013

Padilla v. Kentucky does not apply retroactively to cases already final on direct review

Posted on February 21, 2013 by Mike Baker

In Chaidez v. United States, the Court held that Padilla v. Kentucky, in which the Court held that the Sixth Amendment requires defense attorneys to inform criminal defendants of the deportation risks of guilty pleas, does not apply retroactively to cases already … Continue reading →

Posted in Guilty Pleas, ineffective assistance of counsel, Padilla, Padilla v. Kentucky, U.S. Supreme Court | Tagged | Leave a comment

Political Asylum, Pakistan, membership in the PML-N, Seventh Circuit

Posted on February 12, 2013 by Mike Baker

“Mustafa’s attackers were motivated in part by an anti-PML-N political opinion they attributed to him. Mustafa is therefore entitled to a presumption in favor of granting asylum. On remand, the government will have the opportunity to rebut that presumption by … Continue reading →

Posted in Asylum, Pakistani Muslim League, political asylum, political opinion, withholding of removal | Leave a comment

CRS on Prosecutorial Discretion in Immigration Enforcement: Legal Issues

Posted on February 5, 2013 by Mike Baker

January 17, 2013- CRS Report for Congress – Prepared for Members and Committees of Congres PDF. By Kate M. Manuel-Legislative Attorney; Todd Garvey -Legislative Attorney Summary The term prosecutorial discretion is commonly used to describe the wide latitude that prosecutors … Continue reading →

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