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 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.