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 […]
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, […]
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 […]
