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Tag Archives: Immigration

Final VSB LEO has limited ‘Padilla’ duty for prosecutors (access required)

Defendant in handcuffs

Virginia prosecutors may have an ethical duty to avoid plea bargains that could lead to defendants’ deportation under new guidance from the Virginia State Bar, but only in limited circumstances. A final VSB legal ethics opinion arising from so-called Padilla ...

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IJ Credibility Finding Faulty, Court Says (access required)

In assessing a Congolese citizen’s application for asylum under the Convention Against Torture, an immigration judge erred in finding his account of torture less than credible, based on alleged inconsistencies between petitioner and his former cellmate; the inconsistencies were more ...

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Court Vacates Removal Order for ‘Theft Offense’ (access required)

A Honduran citizen’s prior Virginia conviction of unauthorized use of a vehicle was not a “theft offense” that would qualify as an “aggravated felony” under 8 U.S.C. § 1101(a)(43)(G); Virginia’s statute, Va. Code § 18.2-102, covers circumstances typically viewed as ...

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