"We conclude that Padilla, decided after defendant's conviction was affirmed on direct appeal (43 AD3d 648 [2007], affd 11 NY3d 31 [2008]), should be applied retroactively." - People v. Baret, Oct. 2, 2012 . Hats off to Labe M. Richman !
"Martin Ramirez, a/k/a Richard Sanchez, (Petitioner) appeals the district court's denial of his writ of coram nobis, which sought to vacate Petitioner's twelve-year-old conviction due to ineffective assistance of counsel under State v. Paredez, 2004...
"[W]e join the Seventh and Tenth Circuits in holding that Padilla announced a “new” rule within the meaning of Teague. ... [W]e hold that the rule announced in Padilla is “new” within the meaning of Teague, and accordingly, it does not apply retroactively...
"The Supreme Court on Monday agreed to settle a dispute among lower courts on whether to give more immigrants the benefit of a ruling that requires their lawyers to advise them more clearly on what can happen if they plead guilty to a crime. At issue...
"This case presents a question of retroactivity not addressed by Congress: As to a lawful permanent resident convicted of a crime before the effective date of IIRIRA, which regime governs, the one in force at the time of the conviction, or IIRIRA? If the former...
Majority nutshell : "We ... conclude that Padilla represents a new constitutional rule of law that, for Sixth Amendment purposes, is not entitled to retroactive application on collateral review under Teague. We cannot say that prior to issuance of the holding...
"In determining whether Padilla is retroactively applicable, we find the reasoning of the Tenth Circuit in Chang Hong persuasive and join with those courts holding that Padilla announces a new rule of constitutional law and is not retroactively applicable...
"Tyson argues that the BIA erred when it decided that she is not eligible to seek § 212(c) discretionary relief from removal pursuant to the former Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(c), which was repealed in 1996 as to aliens with certain...
"Mohsin H. Siddiqui, a native of Pakistan, appeals the denial of his legalization applications by the Administrative Appeals Office (“AAO”), the appellate body of the U.S. Citizenship and Immigration Services (“USCIS”). Siddiqui disputes the AAO’s finding...
"We find that Khodja has demonstrated actual reliance in forgoing a possible benefit such that the repeal of § 212(c) does not apply retroactively in this case. Accordingly, we will remand to the agency for further proceedings to address Khodja’s § 212(c)...
"Juan Carpio-Cruz filed a petition for writ of habeas corpus, asserting that he was not told that pleading guilty to a drug offense would cause him to be deported. The trial court granted habeas relief, and the State appeals. We affirm." - Ex parte: Juan...
Mark Denisyuk v. State of Maryland , No. 45, September Term 2010 - SIXTH AMENDMENT – RIGHT TO EFFECTIVE COUNSEL – GUILTY PLEA – NOTIFICATION OF IMMIGRATION CONSEQUENCES – In light of the Supreme Court’s holding in Padilla v. Kentucky, 559 U.S. ___, 130 S. Ct. 1473...
"By conceding that In re L and In re G-A- were not overruled prior to the repeal of § 212(c), and then ignoring the rule established by those decisions, the BIA majority completely disregarded the Supreme Court’s controlling decision in St. Cyr. Determination...