Immigration
Denial of post-conviction relief upheld by COA
May 10, 2013
Jennifer NelsonEven if the Indiana Court of Appeals was to assume that a defendant’s trial counsel performed below prevailing professional
norms by not explaining the potential immigration consequences of his guilty plea, the judges ruled the defendant wasn’t
prejudiced because the trial court explained those consequences.
MoreLaw students provide vital help to immigrants
April 24, 2013
Marilyn OdendahlLaw professors involved with immigration clinics agree that a change in the national immigration law could create more work
for the clinics, especially if undocumented workers currently in the country had a path to citizenship.
MoreIndiana among 35 states urging federal immigration reform
April 10, 2013
IL StaffIndiana Attorney General Greg Zoeller joined a bipartisan group of 35 state and district attorneys general who Tuesday sent
a letter to Republican and Democratic leaders in Congress urging federal immigration reform.
MoreJudge: State can’t enforce 2 parts of immigration law
March 29, 2013
Jennifer NelsonU.S. Judge Sarah Evans Barker has ruled that the state can’t enforce two sections of the Indiana law dealing with immigration:
one dealing with arrests and one dealing with the use of consular identification cards for identification.
MoreMan facing deportation loses 2 appeals
February 18, 2013
Jennifer NelsonA citizen of Ecuador who has lived in the U.S. since he was one year old was unable to convince the Indiana Court of Appeals
in separate cases that his counsel’s failure to inform him of the possible deportation consequences of pleading guilty
to a crime should result in post-conviction relief.
MoreBill enabling legislators to fight for immigration law in court gets hearing
February 12, 2013
Dave StaffordState senators who are fighting to go to court to defend parts of Indiana’s immigration law – a law that Attorney
General Greg Zoeller concluded could not withstand constitutional scrutiny – will hear a bill Wednesday that would give
them the power to defend their measures in such cases.
MoreImmigration cases dominate federal system, report says
December 3, 2012
IL StaffImmigration prosecutions have surpassed those for drug crimes in federal courts, according to data released by the U.S. Sentencing
Commission in its Overview of Federal Criminal Cases for Fiscal Year 2011.
MoreRestaurant owners accused of harboring illegal immigrants, mail fraud
November 30, 2012
Dave StaffordAn Illinois couple has been indicted in federal court on charges that include harboring illegal immigrants at a restaurant
they operate in northwestern Indiana.
MoreZoeller, senators at odds over immigration law
September 26, 2012
Dave StaffordIndiana lawmakers seek to intervene with aid of Kansas official Kris Kobach.
MoreJudges advise defense attorneys to ask clients about citizenship
September 14, 2012
Jennifer NelsonThe Indiana Court of Appeals used its decision on a post-conviction relief appeal to “encourage” criminal defense
attorneys to find out the citizenship of their clients and advise the clients as to the risks of deportation after pleading
guilty.
MoreImmigration law challenge moves forward in Northern District
August 15, 2012
IL StaffU.S. Magistrate Judge Andrew P. Rodovich in Hammond Tuesday granted the state’s unopposed motion to lift the stay of
a lawsuit in the Northern District challenging portions of Indiana’s immigration law dealing with employment.
MoreRehearings - 8/17/12
August 15, 2012
Dave StaffordUpdates on Indiana's immigration law and the former Merrillville doctor facing hundreds of malpractice suits and other charges.
MoreMan unable to show prejudice by attorney’s lack of deportation advisement
August 7, 2012
Jennifer NelsonA 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.
MoreZoeller: Parts of immigration law can't stand
July 31, 2012
Dave StaffordIndiana 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.
MoreIndiana's immigration law reeling
July 4, 2012
Dave StaffordAttorneys say the U.S. Supreme Court ruling in Arizona case likely dooms parts of Indiana's law.
MoreSCOTUS rules on immigration case, life sentences for juveniles
June 25, 2012
Jennifer NelsonThe 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.
MoreLaw students help gain political asylum for clients
June 14, 2012
IL StaffThree 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.
MoreProposals would add visas for STEM workers
June 6, 2012
Dave StaffordHighly skilled immigrants are the focus of 2 bills introduced in Congress.
MoreComplicated code, preparer error could cause problems with immigrants' tax returns
June 6, 2012
Jenny MontgomeryAn 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.
More7th Circuit affirms lower court in appeal over firing
May 21, 2012
Jenny MontgomeryThe 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.
MoreMan not prejudiced by lawyer's failure to advise about deportation
May 17, 2012
Jennifer NelsonA 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.
MoreU.S. justices to rule on retroactivity of case involving guilty pleas by immigrants
April 30, 2012
Jennifer NelsonThe 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.<
MoreJudges rule in favor of California attorney in Simon case
February 29, 2012
Jennifer NelsonA 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.
MoreValparaiso Law School hosts immigration conference
February 2, 2012
IL StaffValparaiso 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.
MoreJudges reverse denial of motion to suppress
January 20, 2012
Jennifer NelsonThe 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.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.