Rehearings – 8/17/12
Updates on Indiana’s immigration law and the former Merrillville doctor facing hundreds of malpractice suits and other charges.
Immigration
Articles
Man unable to show prejudice by attorney’s lack of deportation advisement
A Pakistan-born man who faces automatic deportation as a result of his guilty plea to felony theft lost his pursuit for post-conviction relief before the Indiana Court of Appeals. The judges found Naveed Gulzar was unable to show he was prejudiced by his attorney’s failure to advise him that automatic deportation is a consequence of his guilty plea.
Zoeller: Parts of immigration law can’t stand
Indiana Attorney General Greg Zoeller said Tuesday a recent U.S. Supreme Court decision that struck down most of a tough Arizona law will impact a similar immigration law signed by Gov. Mitch Daniels in 2011.
Indiana’s immigration law reeling
Attorneys say the U.S. Supreme Court ruling in Arizona case likely dooms parts of Indiana’s law.
SCOTUS rules on immigration case, life sentences for juveniles
The U.S. Supreme Court Monday affirmed in part and reversed in part Arizona’s controversial immigration law. The justices also found that a life sentence without possibility of parole for juveniles violates the Eighth Amendment.
Law students help gain political asylum for clients
Three immigration clinic students from Indiana University Robert H. McKinney School of Law have won political asylum for two people – a young woman who fled to the United States after being subjected to female genital mutilation and a young man who feared persecution in Zimbabwe because of his HIV status.
Proposals would add visas for STEM workers
Highly skilled immigrants are the focus of 2 bills introduced in Congress.
Complicated code, preparer error could cause problems with immigrants’ tax returns
An Indianapolis television station ran a series of reports in May about a “loophole” in the law that allows undocumented immigrants to claim tax credits for children living in other countries. But the reports – which relied on an anonymous tax preparer as a key source – failed to disclose the role of some tax preparers in filing bogus tax returns.
7th Circuit affirms lower court in appeal over firing
The 7th Circuit Court of Appeals has ruled that a bank did not violate a woman’s rights by terminating her employment because of her husband’s immigration status.
Man not prejudiced by lawyer’s failure to advise about deportation
A defendant’s trial counsel was deficient by not advising his client about the risk of deportation following a guilty plea, but the defendant wasn’t prejudiced by the performance, the Indiana Court of Appeals concluded.
U.S. justices to rule on retroactivity of case involving guilty pleas by immigrants
The Supreme Court of the United States will hear a case that stems from its 2010 decision Padilla v. Kentucky, in which the justices held that criminal defense attorneys are obligated under the Sixth Amendment to advise noncitizen defendants about immigration consequences of pleading guilty. The justices will now rule on whether its decision is retroactive.<
Judges rule in favor of California attorney in Simon case
A divided Indiana Court of Appeals has reversed the decision of a Marion Superior judge that denied a California attorney’s motion to dismiss a defamation lawsuit filed by Herbert and Bui Simon for lack of personal jurisdiction. The lawsuit stems from comments the attorney made to an Indianapolis television station regarding lawsuits involving the Simons.
Valparaiso Law School hosts immigration conference
Valparaiso University School of Law will host a conference on children and immigration from 9 a.m. to 4 p.m. Feb. 10 at Wesemann Hall.
Judges reverse denial of motion to suppress
The Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged him with forgery because his name on the sheet didn’t match what he provided to his employer.
New suit filed protesting immigration law
The Mexican American Legal Defense and Education Fund has filed a lawsuit on behalf of La Union Benefica Mexicana, a nonprofit organization in East Chicago, protesting two previously unchallenged portions of Indiana’s new immigration law.
SCOTUS takes Arizona immigration case, 7th Circuit bankruptcy case
The Supreme Court of the United States has accepted several cases, including the high-profile Arizona immigration lawsuit and a bankruptcy case from the 7th Circuit Court of Appeals.
COA addresses impact of guilty pleas on immigration status
The Indiana Court of Appeals affirmed the denial of a man’s petitions for post-conviction relief, finding his attorneys’ failure to advise him of adverse immigration consequences of pleading guilty did not prejudice his defense.
Laws on immigrant tuition vary
States differ on interpretation of federal law, create state statutes addressing in-state status for college students.
Stopped short
State tuition law creates chasm between undocumented immigrants and college.
Knowing the possible consequences
Legal community works to ensure defendants know plea agreements could impact immigration status.