Articles Tagged with Immigration

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There have not been many decisions from the D.C. Circuit in recent months – criminal or otherwise. But a rare reversal in an unusual coram nobis proceeding is worth mentioning as we swing into those grey winter months.

In an opinion remarkable for its turnaround – announced only 45 days after oral argument – the Circuit concluded that Kerry Newman, a permanent resident alien since 1980, had established one viable ground on which to claim that his defense counsel might have rendered ineffective assistance by providing erroneous advice at sentencing about the potential consequences of a guilty plea to a felony offense. United States v. Newman, _ F.3d _, 2015 U.S. App. LEXIS 1988 (D.C. Cir., Oct. 2, 2015).

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Sometimes I don’t even recognize the Fourth Circuit anymore. They granted a coram nobis writ in a case based on bad immigration advice in United States v. Akinsade.

The Embezzlement at the Bank

Mr. Akinsade worked at a Chevy Chase bank in 1999. He was nineteen years old and was a lawful permanent resident in the United States – he had come here legally from Nigeria.

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Deanna Costello’s love knew no boundaries. Literally. For years she had a romantic relationship with a man who was not in the United States lawfully. It led to a strong judicial slapdown of the Department of Justice by one of our nation’s leading jurists, in United States v. Costello.

Ms. Costello’s Boyfriend

Ms. Costello lived in Cahokia, Illinois, perhaps five miles from St. Louis. She lived with a man from Mexico for a year ending in July 2003. That time ended when he was arrested on a federal drug charge. He plead guilty and was sent back to Mexico after his prison sentence.

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Cuba is known for exporting many things, among them cigars, rum, and rumors of Fidel Castro’s death.

The Eleventh Circuit’s opinion in United States v. Dominguez deals with two of Cuba’s most beloved exports: baseball players and asylum seekers.

Wet Foot/Dry Foot

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If you come to the United States from another country, and you aren’t really here with permission (that is, you come in violation of U.S. Immigration law), and you’re sent back to your home country, but then decide to come back to the United States, odds are you have committed the federal crime of illegal reentry. This is a violation of 8 U.S.C. S 1326(a). The crime is commonly called illegal reentry.

This crime gets committed a lot. And it gets prosecuted in any place where a person who has returned to the country after a prior deportation is discovered. Illegal reentry can be prosecuted in Texas, and it can be prosecuted in Iowa.

(though, as an aside, there’s a much larger population of recent immigrants in Iowa than you might think. My hometown of Perry Iowa, for example now has a very good Mexican restaurant. Iowa is trying to respond to these new Iowans in what I think of as a characteristically kind and reasonable way.)