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Monthly Archives from February 2013

U.S. Supreme Court decides 7-2 that Padilla is not retroactive

In Chaidez v. United States, decided 2/20/13, the Court held that its prior decision in Padilla v. Kentucky (2010), holding that the Sixth Amendment requires an attorney for a noncitizen criminal defendant to inform that defendant of the deportation consequences that might result from their guilty plea, is not retroactive.  Judge Sotomayor and Ginsburg dissented.  The Chaidez decision means that noncitizens convicted prior to March 31, 2010 who were not properly advised of the consequences of […]

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I-Squared Act of 2003 Improving Immigration Options for Professionals

The Immigration Innovation Act of 2013 (a/k/a I2 Act) was introduced by Sen. Rubio, Coons, Hatch and Klobuchar. The bill has four sections which propose: 1) a welcomed demand based increase in the number of new H-1B to a quota from 65,000 to 115,000; 2) an easier immigration path for STEM students; 3) a recapture and “roll-over” of issued but unused immigrant visas; and 4) allocation of visa processing fees to the promotion of STEM […]

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