The United States Supreme Court recently held that an attorney’s duty to provide effective assistance of counsel includes the responsibility of providing accurate advice about the immigration consequences of a guilty plea. Providing incorrect legal advice to an immigrant about the deportation consequences of a guilty plea to drug trafficking charges constitutes ineffective assistance of counsel, and can serve as grounds for setting aside a guilty plea. In Alabama, such a petition would be raised under Rule 32 of the Alabama Rules of Criminal Procedure, which provides Alabama’s method for asserting that a defendant received ineffective assistance of counsel.
The First Circuit Court of Appeals has rejected the appeal of a Chinese woman, Jin Weng, who fought deportation on the grounds of religious persecution. In the case of Jin Weng vs Eric H. Holder, Jr., Attorney General, the 1st Circuit reviewed an order of the Board of Immigration Appeals (BIA) which had affirmed the […]