The Seventh Circuit reversed the district court’s denial of the petitioner’s motion to withdraw his guilty plea, holding that the petitioner—who was recently removed to Italy following a federal drug conviction—could choose to withdraw his guilty plea and instead seek a trial by jury, because his counsel had failed to warn him that a plea of guilty would carry the threat of deportation.
The Ninth Circuit reversed the defendant’s conviction for illegal reentry, holding that by asking the defendant to comment on the credibility of a border patrol agent—a key witness against him—then referring to evidence not before the jury to bolster the agent’s testimony, the government deprived the defendant of the fair trial guaranteed by the Due Process Clause.
- BIA Finds Returning LPR Cannot Be Charged with Inadmissibility Under INA §212(a)
In a precedent decision, the Board of Immigration Appeals (BIA) held that a lawful permanent resident (LPR) returning to the United States cannot be regarded as seeking admission and may not be charged with inadmissibility under INA §212(a) if he does not fall within any of the exceptions in INA §101(a)(13)(C).
USCIS announced that on June 15, 2015, it stopped accepting electronically filed Forms I-539, Application to Extend/Change Nonimmigrant Status, and Forms I-526, Immigrant Petition by Alien Entrepreneur. Paper versions of the forms must be used while USCIS updates the online filing system. USCIS also discontinued the EB-5 Regional Center Document Library. USCIS stated that pending or draft cases that were created prior to June 15, 2015, will not be adversely affected, and individuals will have 30 days to complete and submit draft cases.
In a 5-4 decision, the Supreme Court vacated the Ninth Circuit’s decision in Kerry v. Dinand remanded. The plurality held that because the respondent, a U.S. citizen, was not deprived of “life, liberty, or property,” the government did not deny her any constitutional due process right when it denied her spouse a visa, and that the Due Process Clause did not require the government to explain its decision to deny the visa.
In an 8-1 decision, the Supreme Court reversed the Fifth Circuit’s decision in Mata v. Holderand remanded, holding that a court of appeals has jurisdiction to review a denial of a petitioner’s request to equitably toll the deadline on a motion to reopen.
Civil rights groups, including the American Immigration Council, filed a lawsuit against the U.S. Border Patrol in federal district court in Tucson on Monday, alleging that immigrants were unlawfully detained and mistreated for extended periods in freezing, filthy holding cells in Arizona. The complaint states that the immigrants suffered a wide range of abuse and neglect, including being held in overcrowded cells and denied adequate food, water, sleep, and medical care.