By Christopher Lasch Last week in my preview of the Chaidez argument, I focused on the procedural argument Chaidez makes against application of the Teague v. Lane, 489 U.S. 288 (1989), rule in her case. Chaidez argues the reasons motivating the Court to adopt the Teague rule when federal courts review state criminal judgments in habeas corpus proceedings — comity and finality — do not support application of the rule in the procedural posture her case presents. This was discussed at some length during the argument, and I will focus on it again here, though some background is necessary [...]

By Michael S. Vastine The arguments in Chaidez v. United States reminded me of Ingmar Bergman’s 1957 metaphorical cinematic masterpiece The Seventh Seal, set amid the Black Plague in Europe’s Middle Ages, in which the knight character played by Max von Sydow famously engages in an extended game of chess with Death, knowing that his own demise is extended only by the continuation of the game. Chess is complicated enough without the pressures of carrying on a metaphysical discussion with the grim reaper, an entity that will ultimately win out. [Click here to see a list of all the symposium [...]

By Craig Siegel The amicus brief submitted in support of Roselva Chaidez by the National Association of Criminal Defense Lawyers (NACDL), the National Legal Aid and Defender Association (NLADA), and criminal defense and immigrant advocacy groups from across the nation, makes three important points that demonstrate why Padilla v. Kentucky, 130 S. Ct. 1473 (2010), should apply retroactively, including to Ms. Chaidez’s case. [Click here to see a list of all the symposium contributions.] First, as carefully documented in the brief, deeply rooted professional norms since 1996 and well before [...]

By Carlos M. García On August 5, 2010, Fernando Vasquez Gonzalez’s life changed. He learned the news as he sat in the custody of the Immigration and Customs Enforcement (ICE) at the Port Isabel Detention Center that is located along the southern tip of Texas on the United States/Mexico border. The State District Court judge had just vacated his conviction and granted his Padilla writ. Mr. Gonzalez’s conviction for Theft of Property in which the court imposed a sentence of two years confinement, probated for five years of community supervision, an aggravated felony for immigration purposes, [...]

Tomorrow morning the U.S. Supreme Court is scheduled to hear oral arguments in Chaidez v. United States, No. 11-820, a case asking the Court to decide whether its landmark decision in Padilla v. Kentucky, 130 S. Ct. 1473 (2010), applies retroactively. With the help of 11 outstanding contributors, and following in the footsteps of our inaugural online symposium on Moncrieffe v. Holder, No. 11-702, this symposium gathers advocates from across the immigration law spectrum: individuals who have been integrally involved in the litigation before the Court, practitioners who have successfully [...]

By Yolanda Vázquez I can remember where I was sixteen years ago when the Antiterrorism and Effective Death Penalty Act and the Illegal Immigration and Immigrant Responsibility Act went into effect. I was a public defender (PD) in Chicago. I had only been a PD for a little over a year. I was assigned to one of the three domestic violence courtrooms; a courtroom where the majority of the defendants were Spanish speaking non-citizens because I was one of the few Spanish speaking PDs in an office of 625 attorneys. Looking back, it was this moment in my life, that for better or worse, sealed my [...]

By Neil I. Fleischer As the son of an immigration attorney, I would often accompany my father to various speeches he would give regarding United States immigration law. He begins every speech by “stating that US immigration is the most complex law in our country. At any one time you can deal with three to five government agencies: the Department of Labor, the U.S. Citizenship and Immigration Services, the Department of State, the U.S. Immigration and Customs Enforcement, and the US customs and Border Protection.” [Click here to see a list of all the symposium contributions.] He would always [...]