U.S. District Court Judge Allows Petitioner to Amend Petition in Deportation Case

Summary

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Where the petitioner is faced with the prospect of being deported from the United States, should the court allow him to file an amended petition based on his claim of ineffective assistance of counsel?

Finding that the petitioner had a cognizable claim because his previous attorney failed to apply for a waiver of deportation, U.S. District Judge John T. Elfvin for the U.S. District Court for the Western District of New York granted the petitioner 60 days to file an amended petition.

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Extract

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U.S. District Court Judge Allows Petitioner to Amend Petition in Deportation Case

Habeas Petition

In December 2001, an immigration court ordered the petitioner, Vicente Ramano Montague-Griffith, to be deported from the United States based o...

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