Immigrants Reaffirmed Fair Process by Supreme Court in Padilla V. Kentucky

Today, the  U.S. Supreme Court issued a landmark decision in Padilla V. Kentucky 559 U. S. (2010).  The Supreme Court was asked 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. The United States Supreme Court held that an attorney must advise a client whether a plea to a criminal charge carries a risk of deportation.  Whether he is entitled to relief depends on whether he has been prejudiced-- a matter not addressed by the Supreme Court.  The Court remanded the matter so that the lower court can determine if there is “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.”