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Tag: ‘Immigration Law’

Padilla Motions

Effective Assistance of Counsel Where Pleas Mandate Deportation Effective Assistance of Counsel Where Pleas Mandate Deportation Padilla v. Kentucky expands the 6th Amendment right to counsel for noncitizens while clarifying that where a conviction would automatically lead to deportation the attorney is obliged so to advise the client. The authors explain that current practice and existing constraints on defense counsel […]

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Citizens, Nationals, or Not?

Recent decisions by the 8th Circuit Court of Appeals have heightened the risk that aspiring immigrants charged with falsely claiming U.S. citizenship may be found inadmissible and precluded from adjusting their immigration status. Even those who innocently (but falsely) claimed U. S. citizenship or nationality are at risk and no waiver is available to those […]

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