State of Louisiana v. Antonius Jones

http://www.2theadvocate.com/news/Restaurant-staff-testify-about-robbery.html?index=14&c=y

http://www.2theadvocate.com/news/latest/Suspect-I-didnt-do-the-shooting.html?showAll=y&c=y

Withholding of Removal Granted by the Immigration Judge for Escaped Portuguese Former Sex Slave

Paul Scott was asked to be a guest on the radio talk show, Here Women Talk.  Listen here:

http://herewomentalkradio.com/home/archives_details/720

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Padilla, who was a lawful permanent resident (green card holder), Vietnam war veteran, and truck driver, was accused of transporting marijuana.  After his arrest and before pleading guilty to transporting marijuana he asked his attorney if pleading guilty would lead to any negative effects on his immigration status.  His attorney told him that because of the amount of time he had in the United States that the conviction would not affect his status.  His attorney was dead wrong.  Actually, that conviction constituted an aggravated felony under the Immigration and Nationality Act which mandates detention and deportation of aliens notwithstanding  their former military service, time in the United States, and family in the United States.

This will certainly place a bigger burden on criminal defense attorneys who are representing non-citizens.  As an immigration attorney who practices mostly deportation defense and criminal defense I have always understood that when representing non citizens in the criminal court the objective is not only about reducing jail time.  It is about preserving their right to stay in this country so that they can stay and provide for their family. Criminal defense attorneys have to make a decision:  Either do not represent non-citizens; learn immigration laws; or consult a competent immigration attorney any time they represent a non-citizen in the criminal court.  This decision applies only to representation of non citizens in the criminal court but could easily be interpreted to representation of non citizens in all areas of law that can affect their immigration status (which is just about every area of law from taxes to divorces).

On a personal note, in the past I have been regularly disgusted when criminal defense counsel just doesnt care to find out what the consequences are for their non citizen client.  I have heard them tell clients, “don’t worry about it, they won’t deport you.  You’ll go home today.”  The days of taking advantage of their clients trust is over.  Now the attorney has to either consult with an attorney who knows the consequences of that guilty plea, or advise the client that it may have an adverse effect on their immigration status.

If you want to read more about the effects of Padilla v. Kentucky check out these blogs which I found both interesting and informative:

http://notguiltynoway.blogspot.com/2010/04/for-your-reading-pleasure.html

Although the Scott Law Firm, LLC, 100% supports the USC’s decision, we have decided to provide a decision from the other side just to shed more light on the debate of representation of non-citizens.  I encourage debate from all sides!  Once again, although I completely disagree with the opinion below, in the interest of a fair argument I include the following link:

http://www.cis.org/edwards/padilla

….Click here to read more at the USCIS.gov link.  If you are a loved one needs assistance obtaining TPS status, please contact us so we can help!