Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit reversed the district court’s dismissal of a petition for a writ of error coram nobis, finding that the rule in United States v. Kwan—affirmative misrepresentations by defense counsel regarding immigration consequences of a conviction can constitute the basis for an ineffective assistance of counsel claim—survives Padilla v. Kentucky, is not controlled by Chaidez v. United States, and does not establish a new rule of criminal procedure. The court thus found that Kwan could be applied retroactively to support the petitioner’s ineffective assistance of counsel claim, and remanded for the district court to evaluate the merits of the petition.
Filed under: Immigration Attorney | Tagged: chaidez, coram nobis, ineffective assistance of counsel, ninth circuit, padilla, padilla vs. kentucky, vacating criminal conviction | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- The Ninth Circuit granted the petition for review and remanded, holding that the petitioner’s conviction for grand theft, in violation of California Penal Code §487(a), was not a categorical aggravated felony, because the statute is doubly overbroad in that it permits a conviction for theft of labor while the generic definition of theft does not, and also permits a conviction for a consensual taking.
Filed under: Immigration Attorney | Tagged: #aggrvated felony, aggravated felony, grand theft, ninth circuit | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review and remanded, holding that the petitioner’s conviction for grand theft, in violation of California Penal Code §487(a), was not a categorical aggravated felony, because the statute is doubly overbroad in that it permits a conviction for theft of labor while the generic definition of theft does not, and also permits a conviction for a consensual taking.
Aggravated felony
Felony conviction
Violent felony
Felony immigration violation
Filed under: Aggravated Felonies | Tagged: #aggrvated felony, aggravated felon, Aggravated Felonies, aggravated felony, aggravated felony bar, Aggravated felony crime of violence, grand theft, Immigration, Immigration Attorney, Immigration Lawyer, ninth circuit | Leave a comment »
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