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Full-Text Articles in Law

It Is Time To Get Back To Basics On The Border, Donna Coltharp Oct 2020

It Is Time To Get Back To Basics On The Border, Donna Coltharp

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon Jan 2018

Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon

St. Mary's Law Journal

Abstract forthcoming


The Law Court's Unfinished Analysis In State V. Ali: Applying Padilla In Maine To Remove Procedural Barriers To Non-Citizens' Ineffective Assistance Of Counsel Claims, Hannah M. Mcmullen Apr 2017

The Law Court's Unfinished Analysis In State V. Ali: Applying Padilla In Maine To Remove Procedural Barriers To Non-Citizens' Ineffective Assistance Of Counsel Claims, Hannah M. Mcmullen

Maine Law Review

The outcome in State v. Ali exemplifies the procedural barriers that prevent a non-citizen of the United States from raising an ineffective assistance of counsel claim while subject to deportation as a result of a criminal conviction pursuant to the Immigration and Nationality Act. Fahad Ali, a non-citizen of the United States residing in Maine, pleaded guilty to and was convicted of aggravated trafficking of marijuana and was subsequently subject to deportation as a result of that conviction. Ali filed a motion for a new trial claiming that he did not receive effective assistance of counsel under the Sixth Amendment, …


Teague New Rules Must Apply In Initial-Review Collateral Proceedings: The Teachings Of Padilla, Chaidez, And Martinez, Rebecca Sharpless, Andrew Stanton Jul 2013

Teague New Rules Must Apply In Initial-Review Collateral Proceedings: The Teachings Of Padilla, Chaidez, And Martinez, Rebecca Sharpless, Andrew Stanton

University of Miami Law Review

No abstract provided.


Cascading Constitutional Deprivation: The Right To Appointed Counsel For Mandatorily Detained Immigrants Pending Removal Proceedings, Mark Noferi Sep 2012

Cascading Constitutional Deprivation: The Right To Appointed Counsel For Mandatorily Detained Immigrants Pending Removal Proceedings, Mark Noferi

Michigan Journal of Race and Law

Today, an immigrant green card holder mandatorily detained pending his removal proceedings, without bail and without counsel, due to a minor crime committed perhaps long ago, faces a dire fate. If he contests his case, he may remain incarcerated in substandard conditions for months or years. While incarcerated, he will likely be unable to acquire a lawyer, access family who might assist him, obtain key evidence, or contact witnesses. In these circumstances, he will nearly inevitably lose his deportation case and be banished abroad from work, family, and friends. The immigrant's one chance to escape these cascading events is the …


To Plea Or Not To Plea: Retroactive Availability Of Padilla V. Kentucky To Noncitizen Defendants On State Postconviction Review, Jaclyn Kelley Sep 2012

To Plea Or Not To Plea: Retroactive Availability Of Padilla V. Kentucky To Noncitizen Defendants On State Postconviction Review, Jaclyn Kelley

Michigan Journal of Race and Law

The United States incarcerates hundreds of thousands of noncitizen criminal defendants each year. In 2010, there were about 55,000 "criminal aliens" in federal prisons, accounting for approximately 25 percent of all federal prisoners. In 2009, there were about 296,000 noncitizens in state and local jails. Like Jose, these defendants usually do not know that their convictions may make them automatically deportable under the INA. Under the Supreme Court's recent ruling in Padilla v. Kentucky, criminal defense attorneys have an affirmative duty to give specific, accurate advice to noncitizen clients regarding the deportation risk of potential pleas. This rule helps assure …


Where Do We Go From Here: Plea Colloquy Warnings And Immigration Consequences Post-Padilla, Vivian Chang Sep 2011

Where Do We Go From Here: Plea Colloquy Warnings And Immigration Consequences Post-Padilla, Vivian Chang

University of Michigan Journal of Law Reform

This Note argues for the passage of criminal procedure rules that would require judges to warn criminal defendants about immigration consequences at plea colloquy. Part I addresses the overlap of criminal and immigration law, arguing that the increased use of the criminal justice system to police federal immigration laws calls for greater protection of non-citizen defendants at plea colloquy. Part II then addresses the legal duties imposed on both defense counsel and trial courts in relation to plea colloquy. Padilla merely addressed the duty of defense counsel to provide constitutionally effective assistance before plea colloquy and did not reach the …