Taking an expansive approach to client representation, attorney Carlos M. García recently vacated a conviction that had served as the basis for removal, then headed to immigration court where he successfully moved to terminate removal proceedings. García, an attorney at García & García Attorneys at Law (this blog’s patrocinador and my brother), relied on Padilla v. Kentucky, 130 S. Ct. 1473 (2010), in the Texas district court, then fended off DHS’s attempt to remove his client on the basis of the “reason to believe” the client was a drug trafficker ground of removal. The state district [...]
6 Cir: In ineffective assistance claim, no prejudice where evidence of guilt is strong; avoids deciding Padilla retroactivity
The U.S. Court of Appeals for the Sixth Circuit held that an ineffective assistance claim based on Padilla v. Kentucky, 130 S. Ct. 1473 (2010), failed where the evidence of guilt was “overwhelming” and the defendant faced a longer prison term if convicted after trial. Pilla v. United States, No. 10-4178, slip op. (6th Cir. Feb. 6, 2012) (Boggs, Kethledge, and Collier, JJ.). Judge Kethledge wrote the panel’s decision. This case involved a non-citizen (the court doesn’t specify what type of non-citizen, though it implies she was authorized to be in the United States) who pleaded guilty to [...]
5 Cir: Unable to return to USA after removal isn’t habeas “custody”
The U.S. Court of Appeals for the Fifth Circuit held that an individual who sought habeas relief on the basis of an allegedly wrongful removal could not satisfy the “custody” necessary for habeas jurisdiction. Merlan v. Holder, No. 11-20366, slip op. (5th Cir. Dec. 6, 2011) (Higginbotham, Davis, and Elrod, JJ.) (per curiam) (unpublished). Merlan was an LPR who was removed after conceding that a conviction for “organized criminal activity in connection with the commission of auto theft” constituted an aggravated felony. Merlan v. Holder, 2011 WL 1376778, *1 (S.D. Tex. Apr. 12, 2011) (Atlas, [...]