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The Pressure Is On—Criminal Defense Counsel Strategies After Padilla V. Kentucky, Bill Hing Dec 2014

The Pressure Is On—Criminal Defense Counsel Strategies After Padilla V. Kentucky, Bill Hing

Bill Ong Hing

The Supreme Court’s message to criminal defense attorneys in Padilla v. Kentucky was clear: when there is a risk of deportation, defense counsel has a constitutional duty to inform an immigrant defendant of the potential for deportation or adverse immigration consequences prior to pleading guilty. In my view, this constitutional duty places tremendous pressure on defense counsel to do more than advise, because once advised, the client very naturally may want to know what options are available other than going to trial. Rather than simply focusing on how to minimize the time of incarceration for the client under a particular …

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The Waivers Book: Advanced Issues In Immigration Law Practice, Irene Scharf Nov 2013

The Waivers Book: Advanced Issues In Immigration Law Practice, Irene Scharf

Irene Scharf

Immigration practitioners finally have one book they can turn to that addresses one of the most important issues in their practices: waivers and other advanced remedies. Assuming at least an introductory knowledge of the issues pertinent to practicing immigration law today, and covering a broad array of topics that arise in any sophisticated immigration practice, The Waivers Book: Advanced Issues in Immigration Law Practice will be useful reference tool, not only to those who are relatively new to this area of law, but also to those who already have considerable practice experience.

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Opinion Analysis: Deferring To (Even More) Limited Relief From Removal, Jill Family May 2012

Opinion Analysis: Deferring To (Even More) Limited Relief From Removal, Jill Family

Jill E. Family

In a unanimous decision on Monday, the Court held that the Department of Justice’s Board of Immigration Appeals (BIA) reasonably construed a statute to forbid the imputation of a parent’s U.S. residency and immigration status to a child to compute the child’s eligibility for relief from removal (deportation).  The Court reversed the decision of the Ninth Circuit in Holder v. Gutierrez, consolidated with Holder v. Sawyers.

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Argument Recap: Imputing Eligibility For Relief From Removal, Jill Family Jan 2012

Argument Recap: Imputing Eligibility For Relief From Removal, Jill Family

Jill E. Family

At oral argument on January 18, the Court questioned the attorneys in Holder v. Gutierrez and Holder v. Sawyers about calculating relief from removal.  At issue in these consolidated cases is whether a parent’s immigration status and residency in the United States may be imputed to a minor child to calculate eligibility for relief from removal.  The Board of Immigration Appeals (BIA) said no; the U.S. Court of Appeals for the Ninth Circuit said yes.

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Argument Preview: Calculating Relief From Removal, Jill Family Jan 2012

Argument Preview: Calculating Relief From Removal, Jill Family

Jill E. Family

Holder v. Gutierrez and Holder v. Sawyers call into question the BIA’s decision to forbid the imputation of a parent’s immigration status and residency in the United States to a minor child for the purpose of calculating eligibility for relief from removal.  Scratching that simple surface reveals a complex history of imputation and relief from removal.

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