Lawyers USA Your Business Partner

Parent’s years of residency not imputed to alien child 

Published: May 21, 2012

Tags: Board of Immigration Appeals, immigration, imputation, Supreme Court

The Board of Immigration Appeals’ determination that a parent’s years of residency are not imputed to a child is a permissible construction of federal law, the U.S. Supreme Court ruled.

Lawyers await ‘Padilla’ retroactivity ruling 

By: Kimberly Atkins
Published: May 5, 2012

Tags: immigration, ineffective assistance of counsel, Padilla v. Kentucky, retroactivity, Sixth Amendment, Supreme Court

WASHINGTON – Two years after the U.S. Supreme Court’s landmark ruling that the Sixth Amendment requires criminal defense attorneys to warn non-citizen clients if a guilty plea carries a risk of deportation, the justices are poised to decide just how far back that constitutional protection extends.

Justices to decide whether ‘Padilla’ duty is retroactive 

Published: April 30, 2012

Tags: collateral consequences, Criminal Law, immigration, ineffective assistance of counsel, Padilla v. Kentucky, Sixth Amendment, Supreme Court

The U.S. Supreme Court has agreed to decide whether its 2010 ruling in Padilla v. Kentucky, holding that the Sixth Amendment requires criminal defense attorneys to warn non-citizen clients if a guilty plea carries a risk of deportation, applies retroactively.

Schumer: Congress will act if Supremes uphold Ariz. immigration law 

Published: April 26, 2012

Tags: Arizona, Chamber of Commerce v. Whiting, Chuck Schumer, Congress, immigration, SB 1070, Supreme Court

WASHINGTON – Sen. Charles E. Schumer, D-N.Y., has promised a swift legislative response if the U.S. Supreme Court upholds a controversial Arizona state law that requires police to check the immigration status of anyone detained and suspected of being in the country illegally and criminalizes the failure to adhere to registration laws.

Many employers miss E-Verify deadline under new law 

Published: April 12, 2012

Tags: E-verify, illegal immigrants, immigration

Tens of thousands of businesses in Alabama missed a deadline to register with E-Verify under a strict new state immigration law.

IMMIGRATION 

Published: April 2, 2012

Tags: immigration

Does an alien’s state-law conviction for possessing marijuana with intent to distribute constitute 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?

See “Justices to
» Continue Reading.

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 

Published: March 28, 2012

Tags: immigration

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.

See “Immigration travel ban isn’t retroactive”

U.S. Supreme Court. Vartelas v. Holder, No. 10-1211.
» Continue Reading.

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.

Municipal anti-immigration law unconstitutional 

Published: March 26, 2012

Tags: civil rights, immigration, preemption, Supremacy Clause

A municipal law that seeks to prohibit illegal immigrants from obtaining rental housing is unconstitutional, the 5th Circuit has ruled in affirming judgment.