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Collateral consequences – immigration issues.
The Supreme Court will soon hear oral argument in United States v. Denedo. There has been plenty of discussion on this case. See CAAFLog. The underlying issue for trial defense counsel relates to claims of IAC in regard to immigration status advice upon conviction. The issue at the Supreme Court is an important one regarding CAAF’s authority and jurisdiction to issue writs of coram nobis.
In 2008, there were roughly 37,000 non-U.S. citizens currently serving in the military, according to U.S. Congress statistics. See Defense Link, 14 April 2008. In 2008, Secretary of Defense “Gates noted that nearly 43,000 men and women in uniform have become U.S. citizens since Sept. 11, 2001.” See Defense Link, 23 October 2008. Here is a potential resource for the future.
The Criminal Lawyer’s Guide to Immigration Law: Questions and Answers Second Edition, By Robert James McWhirter
Presented in a question and answer format, this concise guide focuses on the criminal lawyer’s most common questions about immigration law and representing noncitizens.