CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, April 26, 2012

Grubman on the Necessity of Immigration Counsel in Criminal Prosecutions

Scott Robert Grubman (U.S. Department of Justice; U.S. Attorney's Office, Southern District of Georgia) has posted I Want My (Immigration) Lawyer! The Necessity of Court-Appointed Immigration Counsel in Criminal Prosecutions after Padilla v. Kentucky (Nevada Law Journal, Vol. 12, No. 2, pp. 364-394 (2012)) on SSRN. Here is the abstract:

In Padilla v. Kentucky, the Supreme Court held that, under the Sixth Amendment, counsel is required to advise a noncitizen of the possibility of deportation in the event of a criminal conviction in order for the representation to be constitutionally valid. In cases where the immigration consequences of a plea or conviction are clear and succinct, an attorney is required to discuss those consequences with the client. However, in cases where those consequences are less certain, an attorney is only required to advise the client regarding the possibility of such consequences. This Article discusses what happens when the immigration consequences are too complicated for a criminal attorney to ascertain but the client is indigent and cannot afford to hire an immigration attorney.

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