Will Supreme Court Reaffirm Fair Process for Immigrants?
When the U.S. Supreme Court reconvenes next week, their docket will include two important immigration cases. Both cases present the Supreme Court with opportunities to reaffirm that immigrants must be afforded fair process and a meaningful opportunity to be heard. The first case, Padilla v. Kentucky, set for October 13, will examine whether a criminal defense attorney has the obligation to provide foreign-born defendants with advice about what impact their criminal case will have on their immigration case. It will also decide whether defendants have a remedy when defense attorneys provide incorrect advice. The second case, Kucana v. Holder, set for November 10, deals with immigrants' access to federal court review of government immigration decisions such as motions to reopen by the Board of Immigration Appeals.