In Pascual v. Holder, 12-2798, 2d Cir. Feb. 19, 2013, the Second Circuit held that third degree criminal sale of a controlled substance in violation of New York Penal Law § 220.39(1) is categorically an aggravated felony. The Court considered and rejected the argument in the Fifth Circuit’s unpublished decision in Davila v. Holder, No. 08-60530, slip op. (5th Cir. … Read more »
The Court issued its decision in Chaidez v. United States this past Wednesday. IDP worked extensively on amicus strategy and other support for the case. We are very disappointed in the decision and our hearts go out to all those who will be impacted by it. The Court held that Padilla is a “new rule” pursuant to Teague, and thus … Read more »
This advisory, issued jointly by IDP and the Immigrant Legal Resource Center, discusses the potentially helpful impact that a pending Supreme Court case may have on whether immigration judges can look behind criminal convictions to examine underlying court records. The criminal case, Descamps v. United States, has the potential to undermine the BIA’s problematic decision in Matter of Lanferman, 25 I&N … Read more »
As the White House and Congress considers reforms to the federal immigration system, the nation has an opportunity to address some of the system’s most unfair aspects and simultaneously resist new harmful provisions that immigrants and advocates would have to fight for decades to come. To help guide advocacy for a more humane immigration system toward fairness for all immigrants, … Read more »
Check out IDP’s Padilla Post-Conviction Relief page for the latest news on Padilla retroactivity – Chaidez, Baret, and more! Also, IDP is working to make post-conviction relief accessible to deported defendants – for the latest arguments, go to the Post-Deportation Vacatur section on the Padilla PCR page. Post-Conviction Relief Resources Post-Conviction Relief State Summary Chart (10/21/2020) Prejudice Issues (last updated 2/8/2017) Access … Read more »