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Padilla v. Kentucky obligations for criminal defense attorneys

March 31, 2010 by Thomas Geygan

Padilla v. Kentucky, 7-2
“We granted certiorari, 555 U. S. ___ (2009), to decide whether, as a matter of federal law, Padilla’s counsel had an obligation to advise him that the offense to which he was pleading guilty would result in his removal from this country. We agree with Padilla that constitutionally competent counsel would have advised him that his conviction for drug distribution made him subject to automatic deportation. Whether he is entitled to relief depends on whether he has been prejudiced, a matter that we do not address.”

Filed Under: Deportation & Removal, Immigration, Immigration Court, Reform/New Laws

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