56 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 132,970 times   173 Legal Analyses
    Holding that prejudice for IAC claims requires showing "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different"
  2. Padilla v. Kentucky

    559 U.S. 356 (2010)   Cited 6,753 times   130 Legal Analyses
    Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation
  3. Hill v. Lockhart

    474 U.S. 52 (1985)   Cited 16,623 times   34 Legal Analyses
    Holding that a Strickland claim can be brought to challenge a guilty plea, but rejecting the claim at issue
  4. Teague v. Lane

    489 U.S. 288 (1989)   Cited 6,927 times   98 Legal Analyses
    Holding that "new constitutional rules of criminal procedure will not be applicable to those cases which have become final before the new rules are announced"
  5. Chaidez v. United States

    568 U.S. 342 (2013)   Cited 1,263 times   12 Legal Analyses
    Holding that Padilla could not be applied retroactively to cases which became final before the case was decided
  6. Linkletter v. Walker

    381 U.S. 618 (1965)   Cited 2,038 times   1 Legal Analyses
    Holding that a decision to limit a new rule of criminal constitutional law to prospective application can be based on a balancing of the purpose of the new rule, the reliance placed on the previous view of the law, and the effect on the administration of justice of a retrospective application
  7. People v. Peque

    2013 N.Y. Slip Op. 7651 (N.Y. 2013)   Cited 464 times
    Holding that New York trial courts must inform the defendant of the immigration consequences of pleading guilty to a felony and that a failure to do so could provide a basis for withdrawing or vacating the guilty plea
  8. People v. Favor

    82 N.Y.2d 254 (N.Y. 1993)   Cited 236 times
    Holding right to be present at Sandoval hearing conferred by state law
  9. People v. Mitchell

    606 N.E.2d 1381 (N.Y. 1992)   Cited 168 times
    Holding that "the Antommarchi rule is not compelled by Federal law" and that "limited exclusion from side-bar discussions with prospective jurors . . . will not violate a defendant's [federal] constitutional right to be present"
  10. Hernandez v. State

    124 So. 3d 757 (Fla. 2013)   Cited 75 times   3 Legal Analyses
    Holding that Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284, does not apply retroactively
  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 13,663 times   67 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status
  12. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 8,257 times   45 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
  13. Section 440.10 - Motion to vacate judgment

    N.Y. Crim. Proc. Law § 440.10   Cited 7,317 times   6 Legal Analyses
    Barring review if a claim could have been raised on direct appeal because it involved matters appearing on the record.
  14. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 6,688 times   38 Legal Analyses
    Granting this discretion to the Attorney General
  15. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 3,804 times   20 Legal Analyses
    Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”
  16. Section 1226 - Apprehension and detention of aliens

    8 U.S.C. § 1226   Cited 2,611 times   19 Legal Analyses
    Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"
  17. Section 1192 - Operating a motor vehicle while under the influence of alcohol or drugs

    N.Y. Veh. & Traf. Law § 1192   Cited 2,443 times
    Driving while intoxicated
  18. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,114 times   1 Legal Analyses
    Delineating crimes that make alien deportable
  19. Section 501 - Exemption from tax on corporations, certain trusts, etc.

    26 U.S.C. § 501   Cited 1,814 times   87 Legal Analyses
    Granting tax-exempt status to qualified pension plans
  20. Section 120.00 - Assault in the third degree

    N.Y. Penal Law § 120.00   Cited 1,331 times   1 Legal Analyses
    Menacing in the second degree
  21. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation