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Mandatory Deportation Warning Isn't Retroactive

Maybe it's time that you criminal defense attorneys -- particularly when representing immigrants -- wear badges that say: "You may be deported if you are convicted."

That's because the U.S. Supreme Court ruled that criminal defense attorneys have a duty to inform clients about possible immigration consequences of pleading guilty. It's required to provide effective counsel under the Sixth Amendment, the High Court said seven years ago in Padilla v. Kentucky.

But what if you messed up eight years ago? Well lucky for you, that's another case -- Barajas v. United States of America.

Immigration Case Reveals the Chaotic State of Mexican Gangs

A federal appellate case out of the Eighth Circuit highlighted what can properly be described as a disaster situation within the state of Mexico. When the Saldana family emigrated (more like escaped) personal threats made against their lives by powerful Mexican gangs, little did they know that the immigration board in America would be splitting hairs about the proper application of the oft used Convention Against Torture.

One almost gets the impression that the circuit was quite close to reversing the lower court decision, but immigration matters are highly deferential to lower tribunals and courts.

A Vacated Conviction Can Still Get You Deported, 8th Cir. Rules

When Arturo Andrade-Zamora petitioned to have his removal from the United States canceled, the Immigration Judge who handled his case decided that despite its vacatur, Zamora should be deported back to Mexico anyway. The circuit eventually agreed with the IJ and the BIA.

The Eighth Circuit recently denied review of a Board of Immigration Appeals ("BIA") decision which decided that a lawful permanent resident may be deported on the basis of a drug paraphernalia statute that was related to a controlled substance.

Though the Eighth Circuit aligned itself with many other circuits, the Supreme Court today granted cert to determine whether the government must prove the connection between a state drug paraphernalia conviction and a federally controlled substance.

Fremont Votes to Ban Hiring, Renting to Undocumented Immigrants

The town of Fremont, Nebraska voted to uphold an ordinance prohibiting employers and landlords from hiring or renting to undocumented immigrants.

The measure, approved in 2010, survived a constitutional challenge before the Eighth Circuit.

Despite staving off a slew of legal challenges and passing yet again by popular vote, the ban may not be free from legal scrutiny just yet.

Fremont Immigration Ordinance Rehearing Request Denied by 8th Cir.

The Eighth Circuit Court of Appeals has rejected a request for an en banc rehearing of a case challenging a Fremont, Nebraska, housing ordinance. The law requires people to prove they're in the country legally before they can rent an apartment.

In a four-sentence order issued Thursday, the Eighth Circuit denied the petition for a rehearing of the case en banc, reports the Lincoln Journal Star.

Nebraska Town's Illegal Immigrant Housing Ban OK: 8th Cir. Panel

Two judges of a three-member panel of the Eighth Circuit Court of Appeals upheld Fremont, Nebraska’s housing ban on renting to illegal immigrants. The ruling flies in the face of other appellate courts who have hesitated to endorse laws that may interfere with the federal government’s authority over immigration regulation.

The decision opens the door for the town of Fremont to begin enforcing its law, and may have a butterfly effect for other cities with similar ordinances.

Bryan St. Patrick Gallimore was arrested and convicted of second degree burglary with a sentence of no more than ten years. Gallimore was consequently facing criminal deportation as an alien convicted of an aggravated felony.

Gallimore sought to stay in the U.S. by seeking deferral of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). However, he was denied because of the criminal alien bar under 8 U.S.C. Section 1227.

Martini Glass Attack: 'Violent or Dangerous' Crime?

Just so we're clear, hitting someone over the head with a martini glass is not a very masculine way to get arrested.

But, according to the Eighth Circuit Court of Appeals, it's not necessarily a "violent or dangerous" crime that serves as grounds for removal.

Court Limits BIA Appeal on Immigration Hardship Issue

For immigration attorneys practicing before the Eighth Circuit Court of Appeals, jurisdiction can be a very important topic. When the Board of Immigration Appeals shoots down your case, you may have to consider whether the Eighth Circuit can even hear your case.

A recent case was tossed by the federal appeals court for exactly that reason— lack of jurisdiction.