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Showing posts from May, 2010

The Supreme Court Recognizes An Old Right for Immigrants!

The Supreme Court yesterday issued what can only be considered a seminal decision as it applies to the constitutional rights of all immigrants. In Padilla v. Kentucky, the court expressed, at least in summary, its dismay at the increasing difficulties caused by today’s immigration laws.
Over the 21 years of my practice, I have had literally hundreds of clients who were improperly informed or not informed at all, of the negative immigration consequences of their “plea.” It is, frankly, about time that the failure of the criminal defense bar to adequately inform their clients becomes a reason to have these convictions overturned. I foresee an enormous surge in Motions to Reopen removal proceedings based upon the Supreme Courts decision. Some may not agree (certainly ICE won’t), and while not mentioned by name, Padilla v. Kentucky also in my view sets aside the BIA’s decision in Matter of Pickering, whch itself was severely limited in Matter of Cota-Vargas, where the BIA recognized the Fu…