Tag: Padilla vs. Kentucky

Municipalities Help Advance Access to Counsel for Immigrants

Municipalities Help Advance Access to Counsel for Immigrants

Historically, “immigrants facing deportation are not provided an attorney if they cannot afford one.” But across the country, municipalities are taking steps to improve access to counsel for those who otherwise would be forced to proceed in immigration court alone. Cities are establishing programs to provide free legal assistance for immigrant detainees. In June, New […]

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New York’s Highest Court Says that Noncitizens Must Be Warned of Deportation Risk Before Pleading Guilty

New York’s Highest Court Says that Noncitizens Must Be Warned of Deportation Risk Before Pleading Guilty

The highest court in New York ruled on Tuesday that due process compels state court judges to warn defendants in criminal proceedings who are not U.S. citizens that pleading guilty to a felony may result in their deportation. The court noted that “deportation is a plea consequence of such tremendous importance, grave impact and frequent […]

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SCOTUS Narrows Protections For Noncitizens Who Received Poor Legal Advice

SCOTUS Narrows Protections For Noncitizens Who Received Poor Legal Advice

Almost three years ago, in the landmark decision Padilla v. Kentucky, the Supreme Court acknowledged the severity of deportation and that our current immigration laws make “removal nearly an automatic result” for many noncitizens convicted of crimes.  Consequently, the Court held that a criminal defense attorney must advise noncitizen clients about the risks of deportation […]

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Supreme Court to Consider Reach of Padilla v. Kentucky

Supreme Court to Consider Reach of Padilla v. Kentucky

In its landmark decision in Padilla v. Kentucky, the Supreme Court confirmed that criminal defense attorneys have a constitutional obligation to advise their clients if pleading guilty to a particular offense could lead to deportation. On Thursday,* the Justices will consider a follow-up question of critical importance for many immigrants placed in removal proceedings on […]

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