Please ensure Javascript is enabled for purposes of website accessibility

Ineffective Assistance of Counsel – Judicial Review

By: Derek Hawkins//November 7, 2016//

Ineffective Assistance of Counsel – Judicial Review

By: Derek Hawkins//November 7, 2016//

Listen to this article

7th Circuit Court of Appeals

Case Name: Kiril Hristov Vidinski v. Loretta E. Lynch

Case No.: 13-2478; 13-3263

Officials: WILLIAMS and HAMILTON, Circuit Judges

Focus: Ineffective Assistance of Counsel – Judicial Review

Petitioner Kiril Vidinski is a native of Bulgaria. He entered the United States as a visitor in 1998 but overstayed his visa. He married a United States citizen, Constance Literski, in 2002, and in 2005 he and Ms. Literski filed petitions seeking legal permanent resident status for him. Before those petitions were resolved, Ms. Literski told an investigator for Immigration and Customs Enforcement (ICE) that the marriage had been a sham to obtain immigration benefits for Vidinski (and money for her). Removal proceedings resulted in a final order to remove Vidinski, and the Board of Immigration Appeals dismissed his appeal and later denied his motion to reopen proceedings based on ineffective assistance of counsel. He now seeks judicial review, arguing primarily that he was entitled to cross‐examine Ms. Literski, whose affidavit was critical to the marriage fraud is‐ sue. We dismiss in part and deny the remainder of the petitions on their merits.

Petition Dismissed

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests