Lawyers USA Your Business Partner

Right to deportation warning isn’t retroactive, court rules 

Published: March 5, 2012

Tags: deportation, effective assistance of counsel, immigration, Padilla v. Kentucky, Sixth Amendment

Defendants could not have their drug convictions overturned years after they pleaded guilty on the basis that their lawyers failed to warn them about the risk of deportation, the New Jersey Supreme Court has ruled.

Immigrants can be deported for filing false tax return 

Published: February 22, 2012

Tags: aggravated felony, deportation, immigration, taxation

Resident aliens committed a deportable offense by filing a false tax return that resulted in the federal government sustaining a loss in revenue in excess of $10,000, the U.S Supreme Court has ruled in a 6-3 decision.

IMMIGRATION 

Published: February 22, 2012

Tags: aggravated felony, deportation, immigration, taxation

Resident aliens committed a deportable offense by filing false tax returns that resulted in the federal government sustaining a loss in revenue in excess of $10,000.

See “Immigrants can be deported for filing false tax returns”

U.S. Supreme Court. » Continue Reading.

Recovering damages for undocumented workers 

By: Correy Stephenson
Published: February 6, 2012

Tags: Department of Homeland Security, illegal immigrants, immigration, undocumented workers

As the number of undocumented workers rises, personal injury attorneys are increasingly struggling with how to handle illegal immigrants as clients.

Does immigration travel ban apply retroactively? 

By: Kimberly Atkins
Published: January 19, 2012

Tags: immigration, Padilla v. Kentucky, retroactive law, Supreme Court

WASHINGTON – The U.S. Supreme Court will soon decide whether a federal immigration law that prevents lawful permanent residents who have been convicted of certain crimes from traveling abroad without being denied reentry applies to convictions that occurred before the law was passed.

Big year leads up to a bigger one at Supreme Court 

By: Kimberly Atkins
Published: December 29, 2011

Tags: 2011, arbitration, employment, health care, immigration, preemption, Supreme Court

WASHINGTON – At the U.S. Supreme Court, 2011 was a remarkable year – not just for the things the justices did, but for the cases they agreed to take up in the near future.

ICE issues guidance on deportation priorities 

Published: November 29, 2011

Tags: deportation, immigration, Immigration and Customs Enforcement, Obama administration

WASHINGTON – The Immigration and Customs Enforcement’s Principal Legal Advisor has issued a memo directing all ICE attorneys to begin a systematic review of immigration cases.

Justices consider whether tax crime can trigger deportation 

By: Kimberly Atkins
Published: November 7, 2011

Tags: aggravated felony, deportation, immigration, Supreme Court, tax evasion

WASHINGTON – During oral arguments yesterday in a case raising the issue of whether filing a false tax return can lead to deportation, the justices of the U.S. Supreme Court tried to piece together what Congress intended to be an “aggravated felony.”

Aliens can’t get damages for wrongful detention 

Published: November 7, 2011

Tags: Bivens, civil rights, deportation, immigration

Aliens who were in the country illegally cannot obtain damages from federal agents for their allegedly unconstitutional detention, the 9th Circuit has ruled in affirming judgment.

New rule on right to counsel retroactive 

Published: November 1, 2011

Tags: deportation, immigration, ineffective assistance of counsel, Padilla v. Kentucky, Sixth Amendment

A defendant who pleaded guilty in 2006 could have his conviction overturned because his lawyer failed to advise him of the deportation consequences of his plea, Maryland’s highest court has ruled in reinstating an order granting a new trial.