Amrita Lamba is one of Professor Birdsong’s favorite students.  She graduated from Barry Law with her J.D. degree last Saturday.  Before her graduation she did a directed research project under my supervision.   Her research resulted in a  well written and informative article about the Padilla v. Kentucky case recently decided by the U.S. Supreme Court and how it may change the immigrant’s world. Ms. Lamba has given me permission to share her article with the world.

Read it and learn.

MR. PADILLA CHANGES THE IMMIGRANT’S WORLD 

How Criminal Convictions Are Impacting Immigration Cases and Ineffective Assistance of Counsel Claims

 by: Amrita K. Lamba

MR. PADILLA CHANGES THE IMMIGRANT’S WORLD

HOW CRIMINAL CONVICTIONS ARE IMPACTING IMMIGRATION CASES AND INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS

I.      Introduction

There are over 12.8 million legal permanent residents in the United States.[1]  Their backgrounds, cultures, physical characteristics, and country of origins may all vary, but they come to American to establish their home and roots in the community.[2]  They contribute to the general economy “…as members of the workforce or as small business owners, raise families, and join the military…”[3]  Just like citizens of the United States, sometimes immigrants can “…run afoul of the law.”[4]  However, when they face the criminal justice system they are subject to more disadvantages than citizens because of cultural differences and language barriers.[5]  This “problem [has] compounded…under current immigration law[s because], convictions of many types of relatively minor crimes result in mandatory detention and deportation.”[6]

Birdsong thought that his incoming students in next semester’s White Collar Crime course might find the recent Criminal Complaint filed by Federal Prosecutors in Chicago against Governor Blagojevich very interesting to read. We will discuss it in class. Follow the link below:

www.chicagotribune.com/media/acrobat/2008-12/43789434.pdf

Birdsong’s criminal law students will learn in coming weeks that both neglect and negligence can sometimes become actionable criminal violations.  Here is a true story that might be one of criminal neglect or criminal negligence:

On Wednesday, September 17, 2008, a Florida Department of Children and Families investor in Leesgurg, Florida, along with a Leesburg police officer went to the home of James Seever, 40 and Debra Chappell, 27 to investigate allegations that the couple’s two year old child was being raised in unsanitary conditions.  The first thing they noticed was a pile of 40 to 60 dirty diapers outside the house,

After class discussions last week concerning overbroad criminal statutes that target minority groups, a number of Birdsong’s criminal law students have sent him email news stories regarding the recent arrests of black teenagers in  south Florida for wearing sagging pants.

We now learn that a judge in Riviera Beach, Florida has declared unconsitutional a law banning the wearing of  sagging pants

THE HONOR KILLING CASE

 Chaudhry Rashid is awaiting sentencing after he was convicted by a jury of Second Degree Murder in the so called “honor killing” of his daughter Sandeela Kanwal.

At trial the following evidence was revealed:

Rashid is a 56 year old, legal immigrant from Pakistan who has been living in the United States ten years with his wife and four children who ranged in age from 12 to twenty five.  He is a Muslim.  He owns and operates a small minimart and gas station.

Rashid strangled his daughter Sandeela with a bungee cord on July 6, after he learned that she had filed divorce papers and was having an extramarital affair.