Justia Immigration Law Opinion Summaries

Articles Posted in Maryland Court of Appeals

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The Court of Appeals explained in this opinion its reasons underlying its December 7, 2018 order, in which the Court issued an order reversing the judgment of the Court of Special Appeals affirming the decision of the circuit court denying Petitioner's motion for an order that included all requisite "Special Immigrant Juvenile" (SIJ) status findings, holding that the circuit court applied a far too demanding and rigid standard in this case. In a proceeding before the circuit court, Petitioner sought sole custody of his seventeen-year-old son (Child), an undocumented minor and Guatemalan native. Petitioner further requested that the circuit court issue an order containing factual findings illustrating Child's eligibility for SIJ status, namely that reunification with Child's mother was not viable due to neglect. The circuit court granted Petitioner custody of Child but concluded that Petitioner failed to establish that reunification with the mother was not viable due to neglect. The Court of Special Appeals affirmed. The Court of Appeals reversed, holding that returning Child to the custody of the mother, who inadequately cared for and supervised him, could not be a reunification that was viable. View "Romero v. Perez" on Justia Law

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In 2010, Respondent, a citizen of Ecuador, pled not guilty on an agreed statement of facts and was found guilty of second-degree child abuse. In 2013, Respondent filed a petition for writ of error coram nobis alleging that his trial counsel had rendered ineffective assistance by failing to advise him regarding the immigration consequences he could face as a result of conviction. The coram nobis court denied the petition. The Court of Special Appeals reversed and remanded, concluding that Respondent established that trial counsel did not provide him with the correct “available advice” about the risk of deportation. The Court of Appeals reversed, holding that trial counsel did not perform in a constitutionally deficient manner in advising Respondent as to the immigration consequences of a conviction for second-degree child abuse. View "State v. Sanmartin Prado" on Justia Law