The Eleventh Circuit Court of Appeals recently held that Florida Statute 843.01, Resisting an Officer With Violence, is a crime involving moral turpitude for immigration purposes. In Cano vs. U.S. Attorney General, the Eleventh Circuit determined that because the statute in its entirety is a general intent crime, and because…
In a devastating blow to non U.S. Citizens with criminal convictions, the United States Supreme Court recently held in Chaidez v. United States that an immigrant who pled guilty to a criminal charge based on bad or no advice about the immigration consequences of their criminal plea from their criminal…
The Florida Supreme Court has held that the case of Padilla v. Kentucky is not retroactive. The United States Supreme Court held in Padilla that criminal defense counsel had the affirmative duty to investigate and advise their clients of the immigration consequences of their criminal plea. If the criminal defense…
The United States Supreme Court has granted certiorari in the case of Chaidez vs. United States. The U.S.. Supreme Court will determine whether an immigrant, who pled guilty or no contest to a criminal charge more than two years ago can go back and attack the previous conviction based on…
The Board of Immigration Appeals recentely ruled that immigrants are not entitled to advisal of Constitutional Rights for purposes of immigration proceedings, until they are placed in actual removal proceedings. This means that when an ICE agent detains an immigrant, he or she is not required to read the immigrant…