Articles Posted in Immigration Law

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Petitioner, a Mexican citizen, pleaded guilty to patronizing prostitution and was granted judicial diversion. Petitioner successfully completed his diversion, and his criminal record was subsequently expunged. Approximately three years after the entry of his plea, Petitioner filed a petition for post-conviction relief alleging that he was entitled to relief under Padilla v. Kentucky because his trial counsel failed to inform him of the immigration consequences of his plea. The trial court dismissed the petition on the grounds that it was time-barred. The court of criminal appeals affirmed the trial court’s summary dismissal of the petition, concluding that a petitioner whose record has been expunged may not obtain post-conviction relief. The Supreme Court affirmed, holding that the Post-Conviction Procedure Act may not be used to collaterally attack a guilty plea that has been expunged after successful completion of judicial diversion. View "Rodriguez v. State" on Justia Law

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Plaintiffs alleged that Davidson County Sheriff's officers arrested and wrongfully interrogated and detained them while officers investigated Plaintiffs' immigration status pursuant to the October 2009 Memorandum of Agreement (MOA) entered into between the Davidson County Sheriff's Office (DCSO) and the United States Immigration and Customs Enforcement (ICE). The MOA authorized selected DCSO personnel to perform certain immigration officer duties after being trained and certified by ICE. The Supreme Court accepted certification to answer whether the MOA violated the Charter of Nashville and Davidson County. The Court held (1) the MOA did not violate the Charter or any other state law cited by Plaintiffs; and (2) the Sheriff of Davidson County had authority under the Charter to perform the duties enumerated in the MOA.View "Renteria-Villegas v. Metro. Gov't of Nashville & Davidson County " on Justia Law