Court rules minor drug crime doesn’t justify deportation 
Published: April 23, 2013
Tags: aggravated felony, deportation, Immigration and Nationality Act, U.S. Supreme Court
A state conviction based on the social sharing of a small amount of marijuana does not constitute an “aggravated felony” justifying deportation under the Immigration and Nationality Act, the U.S. Supreme Court has ruled 7-2.
IMMIGRATION
Published: April 23, 2013
Tags: aggravated felony, deportation, Immigration and Nationality Act, U.S. Supreme Court
A state conviction based on the social sharing of a small amount of marijuana does not constitute an “aggravated felony” justifying deportation under the Immigration and Nationality Act.
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Justices provide clarity — but no relief — for immigration defendants
By:
Correy Stephenson
Published: February 26, 2013
Tags: deportation, duty to warn, immigration, ineffective assistance of counsel, Padilla v. Kentucky, U.S. Supreme Court
A decision from the U.S. Supreme Court that a seminal Sixth Amendment rights case is not retroactive has provided clarity for attorneys while dashing the hopes of thousands of defendants.
‘Padilla’ duty to warn of deportation risk not retroactive
Published: February 20, 2013
Tags: deportation, duty to warn, immigration, ineffective assistance of counsel, Padilla v. Kentucky, U.S. Supreme Court
The U.S. Supreme Court’s ruling in Padilla v. Kentucky requiring defense attorneys to inform non-citizen clients of the deportation risks of guilty pleas does not apply retroactively to cases already final on direct review, the Court has ruled.
Rule lets some undocumented immigrants stay in U.S.
Published: January 15, 2013
Tags: Department of Homeland Security, deportation, immigration, undocumented immigrants, visa
A new federal rule will allow certain undocumented immigrants who are applying for permanent residency to stay in the U.S. while they seek waivers to remain in the country, rather than require them to wait overseas while their applications are pending.
“For some people this is fantastic and what we’ve
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Supreme Court asks if pot possession spurs deportation
By:
Kimberly Atkins
Published: October 11, 2012
Tags: aggravated felony, deportation, immigration, Immigration and Nationality Act, U.S. Supreme Court
WASHINGTON – At oral arguments yesterday, the justices of the U.S. Supreme Court grilled attorneys arguing over whether a permanent resident caught with just enough marijuana to roll a few cigarettes committed an “aggravated felony” that rendered him automatically deportable under federal law.
U.S. can be sued for wrongful immigration detention
Published: August 13, 2012
Tags: deportation, Federal Tort Claims Act, immigration
The government could be sued under the Federal Tort Claims Act for mistakenly detaining a U.S. citizen as an alien subject to deportation, the 2nd Circuit has ruled in reversing a dismissal.
‘Padilla’ plea rule isn’t retroactive
Published: June 27, 2012
Tags: deportation, ineffective assistance of counsel, Padilla v. Kentucky
A robbery defendant did not have a constitutional right to be advised of the deportation consequences of his guilty plea because he was convicted before the U.S. Supreme Court explicitly recognized that right, the Minnesota Supreme Court has ruled.
Justices to decide if marijuana crime justifies deportation
Published: April 2, 2012
Tags: aggravated felony, Controlled Substances Act, deportation, immigration, Supreme Court
The U.S. Supreme Court will decide whether an alien’s state-law conviction for possessing marijuana with intent to distribute constitutes an “aggravated felony” justifying deportation, even though the record of conviction does not show that the underlying conduct would constitute a felony under federal law.
Immigration travel ban isn’t retroactive
Published: March 28, 2012
Tags: deportation, Illegal Immigration Reform and Immigrant Responsibility Act, immigration, retroactivity
An immigration statute limiting a legal permanent resident’s right of reentry does not apply retroactively to a felony conviction before the effective date of the law, the U.S. Supreme Court has ruled 6-3.
