Monday, June 14, 2010

Effective counsel for deportees - NJ Law Journal Editorial Bd. Lauds 2d Circuit Cerna Decision

Effective Counsel for Immigrants

New Jersey Law Journal
June 11, 2010
For the second time this spring, a federal court has advanced the principle of effective assistance of counsel in deportation proceedings. Second Circuit Judge Robert Katzmann's opinion in Cerna v. United States , finding a potential due process violation in a lawyer's lax conduct, comes just four weeks after the U.S. Supreme Court, in Padilla v. United States, reversed a criminal conviction, noting the lawyer's neglect and emphasizing the "severity of deportation" — "the equivalent of banishment or exile."

The balance of the editorial is HERE

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