Supreme Court Denies Retroactivity of Post-Conviction Relief Claims of Immigrants Claiming Ineffective Assistance of Counsel: Padilla is Not Retroactive

ILW Immigration Daily (2013) Posted : 11 Sep 2013 Jean Pierre Espinoza Espinoza Law Offices P.A.

Abstract

Under the Immigration and Nationality Act, an alien is deportable if he or she committed an aggravated felony. What constitutes an aggravated felony for immigration purposes is enumerated in the Act. Offenses that can result in incarceration of one year or more of a controlled substance offense are both considered an aggravated felony for immigration purposes. An alien that has been a lawful permanent resident for at least five years and has been in the U.S. continuously for seven years or more pursuant to a legal entry into the country could apply for relief in the form of cancellation of removal before the Immigration Court. This same provision; however, bars an alien from this relief if he or she has been convicted of an aggravated felony.