On October 2, 2018, in a precedential opinion, the Sixth Circuit Court of Appeals held that the right to effective assistance of counsel in a criminal case extends to the plea-bargaining process under the Sixth Amendment of the Constitution. The Court ruled an immigrant who is seeking to vacate a guilty plea based on the […]
Author Archive | RaslanPla
No Due Process Right to Have an Effective Immigration Attorney
On September 18, 2018, the Sixth Circuit Court of Appeals held that the Constitution does not give an immigrant the right to re-litigate his case if he chose a bad attorney first time around. The Fifth Amendment’s due process clause does not grant an immigrant a right to effective counsel. It only gives an alien, […]
Frivolous Immigration Application
The Ohio Rules of Professional Conduct and the United States Citizenship and Immigration Services (USCIS) define a frivolous application as a document, which has no basis in law or in fact. (See 8 CFR § 1003.102 (j); Prof. Cond. R. 3.1). A frivolous immigration application has no merit and has virtually no chance of achieving […]