crimmigration.com

The intersection of criminal law and immigration law

  • Home
  • About César
  • Articles
  • Books
  • Book Tour
  • Talks & Media

5 Cir: Failure to investigate plausible derivative citizenship claim is ineffective assistance

The U.S. Court of Appeals for the Fifth Circuit granted an ineffective assistance of counsel claim where the defense attorney failed to investigate a defendant’s plausible derivative citizenship claim. United States v. Juarez, No. 09-20764, slip op. (5th Cir. Feb. 24, 2012) (Reavley, Elrod, and Graves, JJ.). Judge Graves wrote the panel’s opinion. This case involves an individual who was born in México and entered the United States with his mother as a six-year-old. Prior to the defendant’s eighteenth birthday, his mother naturalized. In addition, he married a U.S. citizen prior to turning [...]

Posted by César on April 10, 2012 on 9:00 am 11 Comments
Filed Under: 5th Circuit Court of Appeals, Child Citizenship Act, illegal reentry, Padilla v. Kentucky, post-conviction relief, right to counsel

Subscribe


Recent Posts

  • Biden’s Migration Policy Options
  • Migrating to Prison, one year later
  • With Biden returning to White House, private prison stock falls
  • New York Review of Books
  • Justice Dept pushes Supreme Court to Imperil Families
  • Fund Immigrant Defense, Promote Justice

Search

Social Media

Blawg 100 Honoree

The information contained on these pages must not be considered legal advice and does not create an attorney-client relationship. This work by www.crImmigration.com is licensed under a Creative Commons Attribution 4.0 International License.