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RECENT NEW & REMANDS

where the Immigration Judge got it wrong on first ruling

INEFFECTIVE ASSISTANCE OF COUNSEL . No Immigration Warning . VACATED . Fraud over $10K Loss to Victim . California . After Padilla, the Central District of California granted a Coram Nobis Motion on the basis that counsel never informed Defendant of immigration consequences of plea (aggravated felony). [Song, C.D.Cal, June 27, 2011]

ILLEGAL RE-ENTRY . REMAND . Enhancement for Crime of Violence . JAMAICA . Burglary of a Dwelling . Burglarly of a dwelling is not a violent crime, so the 16-level enhancement for illegal re-entry is plain error and 40-month sentence is remanded for correction. [Folkes, CA2 September 29, 2010]

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