ABSTRACT

Immigration Consequences of Criminal Convictions: Padilla v. Kentucky   [open pdf - 704KB]

"In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), the Supreme Court held that the Sixth Amendment requires defense counsel to advise a noncitizen client of the risk of deportation arising from a guilty plea. Defense counsel's failure to so advise, or defense counsel's misadvice regarding the immigration consequences of the plea, may constitute ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984). [...]. This monograph is organized in a way that makes it easy for the reader to use both as an introduction to immigration consequences of criminal convictions, and as a resource for future reference when specific issues arise. The opening section provides an overview of the removal process and an introduction to relevant immigration terminology. This section covers basic concepts, including how the Government places an alien in removal proceedings, what occurs during such proceedings, and what happens after a final order of removal is issued against the alien. If the reader is unfamiliar with this process, we recommend that he or she briefly review the opening section. For the reader who is preparing for a plea colloquy or a settlement negotiation, or who for some other reason needs to evaluate the potential consequences of a particular crime, he or she should consult Sections 2 and 3. These sections provide a framework for evaluating immigration consequences, beginning with the most direct and immediate consequences."

Publisher:
Date:
2010-11
Copyright:
Public Domain
Retrieved From:
United States. Dept. of Justice: http://www.justice.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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