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Showing posts from April, 2018

The Three Most Important Qualities in a Trial Attorney

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Earlier this month I attended a conference out of state. At the start of one of the panels, a question was posed: "if you had to name them, what would you say the three most important qualities are in a good trial attorney?" Then the panelists actually started to call on people to give their lists! I long ago mastered the art of not getting called on and thankfully I had not grown rusty. Still, the question made me think. What do I think the most important qualities in a trial attorney are?
I have to be honest. If I had been called on during that panel, I don't think I would have come up with a very good list. I'm fairly certain I would have had my own Rick Perry moment. I think this is primarily because I would have a hard time distilling all of the great qualities I have seen in other litigators into only three main ideas; especially on the spot. Of course, an ability to think on your feet could be one of those qualities...
The point is that it got me thinking and…

DWIs and Immigration Bonds Post-Siniauskas

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Siniauskas does not look kindly on DWIs...
Siniauskas Summarized

This February, the Board published its decision in Matter of Siniauskas, holding:

(1) In deciding whether to set a bond, the IJ should consider the nature and circumstances of the respondent's criminal history, but family and community ties generally do not mitigate the danger he or she poses to society; and
(2) A DWI is a significant adverse consideration in determining whether a respondent is a danger to the community in bond proceedings. Matter of Siniauskas, 27 I&N Dec. 207 (BIA 2018).

In other words, having a family to care for and being an overall good citizen should not outweigh an applicant's criminal history and having a DWI is a particularly bad kind of criminal history. Id.

Mr. Siniauskas had been arrested four times for driving under the influence ("DUI"), resulting in three convictions. Id. at 208. He fell into ICE custody following the fourth arrest. Id. Two of the convictions and the f…