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Padilla v. Kentucky 599 U.S. Immigation and Criminal Consequences 2010
Posted by: ScottMond Law Firm
June 24, 2010
Topic: Criminal Law & Immigration
On March 31, the U.S. Supreme Court finally rendered a hallmark decision to protect non-citizens from arbitrary and irresponsible legal advice regarding the impact of criminal pleas.
Recently, we had a permanent resident client whose criminal attorney advised him it would be alright for him to travel out of the country despite a criminal charge that was still awaiting a final disposition. The client at first was thrilled to be able to travel and had great confidence in his attorney. Upon returning to the United States he was almost immediately placed in detention and was not admitted to the United States. This costly mistake resulted in the client spending 8 months in jail, and immediately placed in removal from the United States.
The U.S. Supreme Court has now ruled that the 6th amendment requires defence counsel to provide affirmative, competent advice to a noncitizen defendant regarding the immigration consequences of a guilty plea, and absent such advice, a noncitizen may raise a claim of ineffective assistance of counsel.
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