Court Finds Judge’s Deportation Warning at Guilty Plea Proceeding Does Not Satisfy Padilla

The Fifth Circuit reversed the district court, holding that a judge’s statement at a guilty plea proceeding that deportation is “likely” does not foreclose a noncitizen defendant’s ability to demonstrate prejudice as a result of counsel’s failure to provide Padilla-required advice about the immigration consequences of the plea.

H2B Cap reopened

USCIS reopened the FY2015 H-2B cap today, and is now accepting petitions requesting new H-2B workers with an employment start date between April 1, 2015, and September 30, 2015. The agency explained that the number of H-2B visas actually issued by the State Department was less than the number of beneficiaries seeking consular notification that …

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AP: Judge: DACA Recipients Can Get In-State Tuition in Arizona

The Associated Press reports that a judge in Arizona ruled yesterday that DACA recipients are eligible for in-state college tuition at Maricopa County colleges. In his ruling, the judge wrote, “Federal law, not state law, determines who is lawfully present in the U.S,” and because the federal government considers recipients of deferred action lawfully present, …

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