Category Archives: U.S. Supreme Court

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

Each alien seeking cancellation of removal must fulfill the residency requirements on their own. Holder v. Martinez Gutierrez

Posted on June 1, 2012 by Mike Baker

A Board of Immigration Appeals (BIA) denial of cancellation of removal is upheld, where: 1) the aliens lacked the required years of continuous presence and lawful permanent resident status; and 2) the BIA’s rejection of imputation of their parents’ years … Continue reading →

Posted in 8 U.S. C. 1229(a), Cancellation of Removal, U.S. Supreme Court | Tagged | Leave a comment

Vartelas v. Holder (03/28/2012) – Supreme Court

Posted on March 30, 2012 by Mike Baker

The court held that if the basis for inadmissibility is a pre-April 1, 1997 plea, and if the LPR’s trip/s outside the U.S., taken at any time, are “brief, casual and innocent,” then the person is treated like a returning … Continue reading →

Posted in 8 U.S.C. § 1101(a)(13)(C)(v), Rights of lawful permanent residents, Rosenberg v. Fleuti, U.S. Supreme Court | Leave a comment

Seventh Circuit Upholds Warrantless Search of Cell Phones-USA v. Abel Flores-Lopez

Posted on March 3, 2012 by Mike Baker

Police currently have wide latitude to search the contents of cell phones – including text messages, voice mails, photos, Internet browsing history, and reams of other data – when searching an arrestee incident to arrest. In the Flores-Lopez case, an … Continue reading →

Posted in Fourth Amendment, GPS Surveillance, U.S. Supreme Court, Uncategorized | Leave a comment

Making a false tax return “involv[ing] fraud or deceit” when the loss to the government exceeds $10,000 is an aggravated felony.

Posted on February 24, 2012 by Mike Baker

In removal proceedings against resident aliens who were convicted of willfully making and subscribing a false tax return under 26 USC section 7206(1) and aiding and assisting in the preparation of a false tax return under 26 USC section 7206(2), … Continue reading →

Posted in Aggravated felony, U.S. Supreme Court | Leave a comment