Home -> Law Blog Directory -> Criminal Law Blogs -> Law Of Criminal Defense

Criminal Law

: Law Of Criminal Defense

IAC in deportation

By John Wesley Hall, Jr.

In Aris v. Mukasey, 07-1211-ag (2d Cir. February 20, 2008), the Second Circuit held that an illegal alien scheduled for a deportation hearing whose lawyer failed to tell him of the hearing and then correct it after found out that deportation was going to occur, and the government played word games in trying to deport the defendant anyway, received ineffective assistance of counsel. With disturbing frequency, this Court encounters evidence of ineffective representation by attorneys retained by immigrants seeking legal status in this country. We have previously indicated that ineffective assistance of counsel can constitute an “exceptional circumstance” warranting the reopening of a deportation order entered in absentia. See Twum v...continue to full post

Full post as published by Law Of Criminal Defense on February 22, 2008 (boomark / email).