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d. Deportation

State v. Jose Alberto Reyes Fuerte, 2016 WI App 78, petition for review granted 1/18/2017, reversed, 2017 WI 104; case activity (including briefs) This decision is important to anyone who litigates claims for plea withdrawal under § 971.08(2) because it helps clarify the law in two ways. First, it provides two examples of a circuit court’s failure to comply… Read More

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The Immigration Professors Blog says Arias v. Lynch, No. 14-2839 (7th Cir. 8/2/4/16) would be the “hand down winner” of the “immigration case of the week,” if such a category existed. It highlights the confusion in federal courts over how to define a crime involving moral turpitude a.k.a “CIMT.” Or you can just skip to… Read More

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State v. Melisa Valadez, 2016 WI 4, 1/28/2016, on certification from the court of appeals; case activity (including briefs) What looked like a case about the meaning of “likely to result in … deportation” has turned into something else entirely: in a fractured decision, the court holds that the defendant has successfully shown she is likely to… Read More

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Speaking of Padilla (see below), yesterday the 9th Circuit Court of Appeals held in Dimaya v. Lynch that “the definition of a ‘crime of violence’ – one of over thirty categories of convictions that constitute an ‘aggravated felony’ under federal immigration law – is unconstitutionally void for vagueness.” Click here to see the ImmigrationProf Blog post about the… Read More

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Counsel’s duties after Padilla

This just in: “The Pressure Is On–Criminal Defense Counsel Strategies after Padilla v. Kentucky,” by Bill Ong Hing at the University of San Francisco Law School. When representing an immigrant defendant, trial counsel’s duties are now much more demanding than they were before Padilla. What qualifies as “competent” counsel in these circumstances? Click here for… Read More

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State v. Shata, 2015 WI 74, 7/9/15, reversing an unpublished court of appeals decision, 2013AP1437-CR; majority opinion by Ziegler, dissenting opinion by Bradley (joined by Abrahamson); case activity (including briefs) State v. Ortiz-Mondragon, 2015 WI 73, 7/9/15, affirming a published court of appeals decision, 2013AP2435-CR, majority opinion by Justice Ziegler, dissenting opinion by Bradley (joined by… Read More

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DeBartolo v. United States, 7th Circuit Court of Appeals No. 14-3579, 6/26/15 DeBartolo pleaded guilty to violating 21 U.S.C. § 841(a)(1) by growing more than 100 marijuana plants, “[b]ut unbeknownst to DeBartolo, and also it seems to his lawyer, the prosecutors, and the judge, his conviction of the drug offense made him deportable (‘removable’ is the official term)… Read More

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Question presented: Whether a state offense constitutes an aggravated felony under 8 U.S.C. § 1101(a)(43), on the ground that the state offense is “described in” a specified federal statute, where the federal statute includes an interstate commerce element that the state offense lacks. Lower court opinion: Torres v. Holder, 764 F.3d 152 (2nd Cir. 2014) Docket… Read More

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