Justia Connecticut Supreme Court Opinion Summaries

Articles Posted in Immigration Law

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Petitioner was convicted of possession of narcotics with intent to sell. Petitioner later filed an amended petition for writ of habeas corpus, arguing that his trial counsel rendered ineffective assistance by failing to advise him, pursuant to Padilla v. Kentucky, that his plea of guilty and subsequent conviction would constituted an aggravated felony under federal law and result in his almost certain deportation and permanent removal from the United States. After a trial, the habeas court granted the amended petition, concluding that Padilla applied retroactively to Petitioner’s guilty plea and that Petitioner was misadvised and prejudiced under Strickland v. Washington. The Supreme Court reversed, holding (1) Padilla does not apply retroactively to Petitioner’s guilty plea under federal law; and (2) Petitioner cannot prevail on alternative grounds. View "Thiersaint v. Comm’r of Corr." on Justia Law

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These appeals arose from the ruling of the named defendant, the freedom of information commission (commission), that defendant Rashad El Badrawi was entitled, under the Freedom of Information Act (act), to the disclosure of a document that the plaintiff, the commissioner of correction (commissioner), obtained from a file in the National Crime Information Center, which is maintained by the FBI. The commissioner and the intervenor, the United States, appealed from the commission's ruling, claiming that the commission improperly ordered disclosure of the document because, among other reasons, disclosure was barred by a federal regulation, and therefore, the document was exempt from the act in accordance with Conn. Gen. Stat. 1-210(a). The trial court dismissed in part and sustained in part the appeals and ordered that a redacted version of the document be disclosed to El Badrawi. The commissioner and the United States appealed. The Supreme Court reversed, holding that the document fell within an exemption to the act set forth in section 1-210(a), and therefore, El Badrawi was not entitled to disclosure of the document. View "Comm'r of Corr. v. Freedom of Info. Comm'n " on Justia Law