by David G. Seibel and Julia Gegenheimer | Nov 16, 2017 | Amicus, Courts & Judicial Interpretation, Criminal Justice, Executive Branch, Immigration
In 2007, the Department of Homeland Security (DHS) detained Alejandro Rodriguez, a lawful resident working as a dental assistant.[1] Rodriquez was brought to the U.S. when he was an infant.[2] DHS initiated removal proceedings against Rodriguez after he was convicted...
by David G. Seibel and Julia Gegenheimer | Nov 3, 2017 | Amicus, Courts & Judicial Interpretation, Environmental Justice, Executive Branch
In November 2016, the United States District Court for the District of Oregon handed down an extraordinary decision in a case called Juliana v. United States.[1] Plaintiffs––a group of children––challenged the “policies, acts, and omissions” of the President of the...
by David G. Seibel and Julia Gegenheimer | Oct 12, 2017 | Amicus, Courts & Judicial Interpretation, Criminal Justice, Immigration
Last spring, I wrote about Lee v. United States,[1] a case on appeal from the Sixth Circuit that was still pending before the Supreme Court at the time. Lee arose from a plea bargain entered into by Jae Lee, a lawful permanent resident who had moved to the United...
by David G. Seibel and Julia Gegenheimer | Mar 31, 2017 | Amicus, Courts & Judicial Interpretation, Criminal Justice
To reverse a conviction or capital sentence based on ineffective assistance of counsel, a defendant must meet the two-prong standard set out in Strickland v. Washington. The standard requires a defendant to show that (1) “counsel’s performance was...
by David G. Seibel and Julia Gegenheimer | Mar 3, 2017 | Amicus, Courts & Judicial Interpretation, Criminal Justice
A few weeks ago, I wrote about ineffective assistance of counsel and plea-bargaining in the context of the upcoming Supreme Court case, Lee v. United States. In deciding Lee, the Court will consider whether it is rational for a noncitizen defendant, despite strong...