Category Archives: ineffective assistance of counsel

CA7 holds that misadvice and failure to advise does not evade the non‐retroactivity of Padilla

Posted on January 10, 2014 by Mike Baker

Chavarria, born in Mexico, became a legal permanent U.S. resident in 1982. In 2009, Chavarria pleaded guilty to distributing cocaine. One year later, the Supreme Court decided Padilla v. Kentucky, imposing a duty on defense attorneys to inform noncitizen clients … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Chicago Immigration Court, ineffective assistance of counsel, Padilla, Padilla v. Kentucky | Leave a comment

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

El-Gazawy v. Holder, Ineffective assistance of counsel, Motion to Reopen untimely, 7th Circuit Court of Appeals

Posted on August 17, 2012 by Mike Baker

Docket: 11-3582    August 16, 2012. Judge Rovner. Doc Uploaded Filed Description 1 06/01/2012 06/01/2012 Oral Argument 2 08/16/2012 08/16/2012 Opinion (ROVNER) El-Gazawy a citizen of Jordan, entered the U.S. in 1990 as a non-immigrant, overstayed, and failed to appear for … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, ineffective assistance of counsel, Legal Ethics, Motion to Reopen, Professional Malpractice & Ethics, U.S. 7th Circuit Court of Appeals | Tagged | Leave a comment

Lin Jiang, Seventh Circuit: Asylum/Motion to Reopen/Ineffective Assistance of Counsel/Changed Country Conditions

Posted on March 24, 2011 by Mike Baker

Lin Jiang v. Eric Holder, Jr., 09-3179Court of Appeals for the Seventh Circuit. Friday, March 18th, 2011Status: Published/PrecedentialLin_Jiang_v._Eric_Holder_Jr..pdf Tweet In Lin Xing Jiang v. Holder, 2011 WL 923279 (7th Cir. 2011), the U.S. Court of Appeals for the Seventh Circuit denied … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, ineffective assistance of counsel, Motion to Reopen | Leave a comment

Padilla v. Kentucky Reference Guide

Posted on September 13, 2010 by Mike Baker

Office of Immigration Litigation – Appellate SectionOffice of Immigration Litigation Issues Reference Guide to ImmigrationTweet http://www.justice.gov/civil/oil/OIL_Padilla_Reference_Guide.pdf Consequences of Crimes in Response to Supreme Court Decision in Padilla v. Kentucky. In view of the Supreme Court’s decision in Padilla v. Kentucky, … Continue reading →

Posted in ineffective assistance of counsel, Padilla, Padilla v. Kentucky | 1 Comment