Brief filed: 03/13/2019
Olivas-Motta v. Barr
9th Circuit Court of Appeals; Case No. 14-70543
Agency File No. 021-179-705, panel decision 910 F.3d 1271 (9th Cir. Dec. 19, 2018)
The majority’s new retroactivity standard will make it virtually impossible for defense counsel to provide constitutionally adequate advice under Padilla. The panel and the board should have applied the Montgomery Ward retroactivity test in the petitioner’s case. Under the Montgomery Ward factors, Matter of Leal cannot be applied retroactively to Mr. Olivas-Motta.
Philip L. Torrey, Kaela Athay (Law Student), and Lyla Wasz-Piper (Law Student), Harvard Immigration and Refugee Clinical Program, Harvard law School, Cambridge, MA; Andrew Wachtenheim, Immigrant Defense Project, New York, NY; Robin E. Wechkin, Sidley Austin LLP, Seattle, WA.