Need Criminal Relief?

Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

he DC Circuit reversed the district court, finding that the post-plea misrepresentations made by the appellant’s attorney regarding the potential immigration consequences of pleading guilty to federal wire fraud could constitute ineffective assistance of counsel. The court remanded for the district court to consider whether the appellant can show that he was prejudiced by his attorney’s misrepresentations.

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Filed under: criminal relief | Tagged: criminal relief, iac, ineffective assistance of counsel, motions to vacate conviction | Leave a comment »

Got a crime?

Posted on November 3, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Tenth Circuit granted the petition for review, holding that the Board of Immigration Appeals’ decision to retroactively apply Matter of Briones to the petitioner’s case found no support in the principles underlying the law of retroactivity, in U.S. Supreme Court or circuit precedent, or in relevant authority from other jurisdictions. The court further found that the petitioner’s reliance on the court’s 2005 decision in Padilla-Caldera v. Gonzales, which wasamended and superseded in 2006, was reasonable.

Filed under: criminal relief | Tagged: brillones, criminal relief, padilla, tenth circuit | Leave a comment »

Posted on June 2, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney