Padilla and Convictions Vacated

N.Y. Judge Vacates Plea Due To Padilla
"A judge's warning that a defendant could be subject to deportation if he pleaded guilty to a misdemeanor did not alleviate the ineffectiveness of his counsel under a new standard expressed by the U.S. Supreme Court, the judge ruled in vacating his prior acceptance of the plea. Brooklyn Acting Supreme Court Justice Joseph K. McKay observed that the U.S. Supreme Court's recent decision in Padilla v. Kentucky, 130 S. Ct. 1473, had altered the legal landscape since he had accepted Jose Garcia's plea 2 1/2 years ago. "[W]here, as here, defendant is found in fact to have been misled by bad advice from a so-called retained specialist and by a lack of advice from his defense attorney, the Court's general warning will not automatically cure counsel's failure nor erase the consequent prejudice," McKay wrote in People v. Garcia, 4050-06." NYLJ, Sept. 1, 2010.

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Crimes and Cancellation of Removal

Conviction for crime involving moral turpitude does not render petitioner ineligible for cancellation of removal if crime is punishable by imprisonment for less than 1 year and falls under the petty offense exception. Matter of Pedroza, 25 I&N Dec. 312 (BIA 2010).

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Immigration Reform

The New York Times is reporting that, "Taking a break from the oil spill in the Gulf of Mexico, Mr. Obama summoned Latino leaders and immigrant advocates on short notice for a 45–minute White House meeting on Monday, and he met Tuesday with members of the House Congressional Hispanic Caucus. Also Tuesday, the White House announced that Mr. Obama will make a major speech on immigration on Thursday at American University in Washington."

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VWP Green Card Applicants Beware

The U.S. Court of Appeals for the Third Circuit has now joined other courts in holding that a person who files for adjustment of status (green card) after his or her VWP period expires, waives the right to contest removal (deportation) proceedings.

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Climate, not Immigration

According to the Associated Press, Senate Majority Leader Harry Reid (Democrat) said Tuesday he is willing to bring up climate change legislation ahead of an immigration bill.

For those who were counting on congress to act on immigration reform, it appears that climate issues come first.

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Criminal Defense Lawyers Must Advise of Deportation Risk

The U.S. Supreme Court decision of Padilla v. United States holds that criminal defense attorneys representing noncitizens must advise their clients that their criminal conviction could result in deportation.

For more on crimes and deportation, see: http://www.cundyandmartin.com/immigration/deportation/deportation-for-crimes-of-moral-turpitude.php

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HIV Immigration - no longer a bar to coming to U.S.

As of January 4, 2010, infection with the Human Immunodeficiency Virus (HIV) is no longer a ground of inadmissibility. If you have the HIV infection, you are no longer inadmissible to the United States, and are no longer required to file Form I-601 because of your HIV infection. As part of the revisions to Form I-601, any reference to HIV infection in the form and the instructions were removed.

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Deportation to Haiti Stopped

On January 13, 2010, the Department of Homeland Security released the following regarding deportation to Haiti, "Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement Assistant Secretary John Morton today halted all removals to Haiti for the time being in response to the devastation caused by yesterday’s earthquake. ICE continues to closely monitor the situation.”

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