OVERVIEW " REMOVAL PROCEEDINGS " RIGHT TO COUNSEL

Montes-Lopez v. Holder, 694 F.3d 1085 (9th Cir. Sept. 18, 2012) (respondents right to counsel, under 8 U.S.C. 1362, violated where Immigration Judge allowed merits hearing to continue in absence of counsel where counsels license to practice law had been suspended).

POST CON RELIEF " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL " FAILURE TO GIVE ACCURATE ADVICE " PADILLA " PREJUDICE

Padilla v. Commonwealth, 381 S.W.3d 322, *323 (Ky. App, Sept. 28, 2012) (After careful consideration of the United States Supreme Courts decision, we conclude that Padilla demonstrated that if he had been properly informed of the immigration consequences of his guilty plea, he would have insisted on going to trial and that his decision would have been rational under the circumstances.), reversing with instructions to vacate the conviction.

CAL CRIM DEF " CARRYING A CONCEALED DIRK OR DAGGER

People v. Mitchell, 209 Cal.App.4th 1364, 148 Cal.Rptr.3d 33 (Oct. 11, 2012) (former Penal Code 12020(a)(4), which prohibited the carrying of a concealed dirk or dagger, does not require specific intent to conceal the instrument from other persons).

CRIM DEF " LITIGATION " EVIDENCE " DEPORTATION OF DEFENSE WITNESS " COMPULSORY PROCESS VIOLATION

United States v. Leal-Del Carmen, 697 F.3d 964 (9th Cir. Sept. 14, 2012) (The Government violated defendants Sixth Amendment right to compulsory process by deporting a witness it knew could give exculpatory evidence in an alien smuggling prosecution).

PRACTICE ADVISORY " JUDICIAL REVIEW " PETITION FOR REVIEW " COURT CANNOT AFFIRM AGENCY DECISION ON NEW GROUND ON WHICH THE AGENCY DID NOT RELY

Securities & Exchange Commn v. Chenery Corp., 318 U.S. 80, 87, 94 (1943) (reviewing courts only review the reasons invoked by the agency below and may not entertain post hoc rationalizations by government counsel in appellate litigation: The grounds upon which an administrative order must be judged are those upon which the record discloses that its action was based. . . . . [C]ourts cannot exercise their duty of review unless they are advised of the considerations underlying the action under review.); Securities & Exchange Commn v. Chenery Corp., 332 U.S. 194 (1947); Gailius v.

RELIEF " DEFERRED ACTION FOR CHILDHOOD ARRIVALS " DACA " PRACTICE ADVISORY

Legal Action Center (LAC) updated Practice Advisory, Deferred Action for Childhood Arrivals. http://www.legalactioncenter.org/sites/default/files/practice_advisory_d...
For additional resources related to DACA, visit the Immigration Policy Centers website.
http://www.legalactioncenter.org/practice-advisories/deferred-action-chi...

POST CON RELIEF " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL " PADILLA

Two-and-a-half years after pushing the Supreme Court to change the face of crImmigration law, Jos Padilla convinced Kentuckys intermediate appellate court to vacate his conviction. Padilla v. Kentucky, No. 2011-CA-000553-MR, slip op. (Ky. Ct. App. Sept. 28, 2012) (Dixon, Moore, and Thompson, JJ.).

DETENTION " MANDATORY DETENTION " WHEN RELEASED

There is a very strong argument that a noncitizen is not subject to mandatory detention, under INA 236(c), if not detained by ICE immediately when released from criminal custody. The majority of district court decisions on this point in the Third Circuit have held in favor of the immigrant on this issue. E.g., Christie v. Elwood, 2012 U.S. Dist. LEXIS 10662 (DNJ 2012); but see Hosh v. Lucero, 680 F.3d 375 (4th Cir. 2012) (an alien is subject to mandatory detention under INA 236(c) regardless of when released).

 

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