Wednesday, March 31, 2010

Supremes Decide Padilla v. Kentucky: Immigrant Ineffective Assistance of Counsel

The Supreme Court, in a 7-2 decision written by Justice Stevens, held in Padilla v. Kentucky that a noncitizen could base an ineffective assistance of counsel claim on his attorney's alleged failure to inform him of the immigration consequences (possible removal) of a criminal conviction.  Download 08-651[1]  Justices Roberts and Alito concurred in the judgment.  Justices Scalia and Thomas dissented.

Click here for some background from Immigration Impact about the case.  For some commentary, click here.

KJ

http://lawprofessors.typepad.com/immigration/2010/03/supremes-decide-padilla-v-kentucky-immigrant-ineffective-assistance-of-counsel.html

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