Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Defendants deserve immigration advice, court rules
Los Angeles Times / latimes.com ^ | March 31, 2010 | 5:06 p.m. | By David G. Savage

Posted on 03/31/2010 5:48:22 PM PDT by thecodont

Reporting from Washington - The Supreme Court confronted in two cases Wednesday the stiff federal law that requires deporting noncitizens if they are convicted of an "aggravated felony," even those who have lived here legally for decades.

By a 7-2 vote, they blocked the deportation of a Vietnam veteran from Kentucky who had pleaded guilty to trafficking marijuana because his lawyer told him erroneously he "did not have to worry about his immigration status" because he had lived legally in the United States for 40 years.

And the justices heard arguments on whether a Texas man could be deported to Mexico for possessing one tablet of the anti-anxiety drug Xanax after he pleaded guilty the year before to having less than two ounces of marijuana. Both offenses were misdemeanors.

In the Kentucky case, the justices stopped the deportation of Jose Padilla, a native of Honduras, ruling that he deserved a new hearing and possibly a new trial because of the faulty legal advice. The Constitution ensures "that no criminal defendant -- whether a citizen or not -- is left to the mercies of incompetent counsel," Justice John Paul Stevens said.

(Excerpt) Read more at latimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Foreign Affairs
KEYWORDS: crime; illegalimmigration; immigration; scotus

1 posted on 03/31/2010 5:48:22 PM PDT by thecodont
[ Post Reply | Private Reply | View Replies]

To: thecodont
Well, darned, just darned. Coulda' fooled me.

Next time the Supreme Court should make sure that the lawyers admitted to the bar are qualified.

Seems to me they have an enormous job ahead of them!

I'd take that scrawny old Latina and put her on the job. She claims she's "wise" so she can solve the problem.

2 posted on 03/31/2010 6:06:57 PM PDT by muawiyah ("Git Out The Way")
[ Post Reply | Private Reply | To 1 | View Replies]

To: thecodont

The attorney should be disbarred. Make him an example to discourage any other “immigration” lawyers from giving illegal advice to immigrants in the hopes that cases will be “overturned” or dismissed on those same grounds.


3 posted on 03/31/2010 6:20:19 PM PDT by freeangel ( (free speech is only good until someone else doesn't like what you say))
[ Post Reply | Private Reply | To 1 | View Replies]

To: muawiyah
I'd take that scrawny old Latina and put her on the job. She claims she's "wise" so she can solve the problem.

Scrawny? Scrawny? She looked like a real porker in training to me.

4 posted on 03/31/2010 6:32:15 PM PDT by CurlyDave
[ Post Reply | Private Reply | To 2 | View Replies]

To: CurlyDave

Look, she’s the kind who could be a TOTAL PORKER ~ I think it’s the extra insulin she uses ~ keeps it burned off or something.


5 posted on 03/31/2010 6:37:58 PM PDT by muawiyah ("Git Out The Way")
[ Post Reply | Private Reply | To 4 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson