The Rhode Island Supreme Court held that Padilla v. Kentucky, 130 S. Ct. 1473 (2010), only requires advice that a plea would make a defendant eligible for deportation and no prejudice is shown if the defendant could have received a longer sentence at trial than was actually received by pleading. Neufville v. State, 13 A.3d 607 (RI 2011) (Suttell, Goldberg, Flaherty, Robinson, and Indeglia, JJ.). Justice Goldberg wrote the court’s opinion. This case involved an individual who pleaded nolo contendere to multiple offenses in May 2004. Neufville, 13 A.3d at 609. Neufville, who was born in [...]
BIA: IJ can’t terminate removal proceedings based on TPS grant; decision threatens to increase court backlog
In a recent decision the BIA held that an IJ may not terminate removal proceedings simply because the respondent was granted Temporary Protected Status (TPS). Matter of Sosa Ventura, 25 I&N Dec. 391 (BIA 2010) (Grant, Malphrus, and Mullane). Board member Malphrus wrote the BIA’s decision. This case involved a citizen of El Salvador who was put into removal proceedings and charged as removable for being in the United States without being admitted. INA § 212(a)(6)(A)(i). The respondent conceded the factual allegations, but sought and received TPS from DHS. Matter of Sosa [...]