UNITED STATES OF AMERICA v. JUAN ANTONIO MORENO-TAPIA
US Court of Appeals for the Fourth Circuit, Harris, Jan. 26, 2017,
Immigration – State crime of violence conviction resulting in deportation could provide basis for wrongful re-entry conviction and enhanced sentence, even where state conviction was subsequently vacated on non-constitutional grounds.
RAFAEL ANTONIO LARIOS-REYES v. LORETTA E. LYNCH
US Court of Appeals for the Fourth Circuit, Gregory, Dec. 6, 2016,
Immigraton – Because it prohibits sexual contact for either abuse OR sexual gratification, a conviction under MD CR 3-307(a)(3) does not qualify as a predicate “sexual abuse of a minor” conviction under the Immigration and Nationality Act.
STATE OF MARYLAND v. JUAN CARLOS SANMARTIN PRADO
Court of Appeals, Watts, July 11, 2016,
Ineffective Assistance – Deportation – Not ineffective assistance of counsel where attorney advised during colloquy that it was a “deportable offense” and also advised before plea that there “probably would be immigration consequences.” No need to advise on whether deportation is guaranteed.
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