Month: July 2014

Practice Advisory: Matter of Chairez-Castrejon: BIA Applies Moncrieffe and Descamps

Practice Advisory: Matter of Chairez-Castrejon: BIA Applies Moncrieffe and Descamps to Modify and Clarify Its Views on Proper Application of the Categorical Approach (July 31, 2014): IDP and the National Immigration Project have issued an advisory on the Board of Immigration Appeals July 24th decision in Matter of Chairez-Castrejon, 26 I&N Dec. 349 (BIA 2014).  In this decision, the Board applied last year’s Supreme Court’s decisions in Moncrieffe … Read more »

New York State Court of Appeals finds Padilla Not Retroactive

On June 30, 2014, in People v. Baret, the New York State Court of Appeals held that Padilla does not apply retroactively in N.Y. State, thereby elevating “sterile legal doctrine” over humanity and justice, according to Chief Judge Lippman. IDP has responded with an advisory detailing strategies to achieve post-conviction relief after Baret. Although this decision may insulate many unjust pre-Padilla convictions … Read more »