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.” 

Related Posts

Will Supreme Court Reaffirm Fair Process for Immigrants?

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 tha...

SCOTUS Decides Final Two Immigration Cases For Its Term

SCOTUS Decides Final Two Immigration Cases For Its Term

On Monday,the U.S. Supreme Court decided the final two immigration cases for its term – Mata v. Lynch (mata case attached) and Kerry v. Din. (kerry case attached).

If there is a Government shutdown-No hearings at EOIR Houston and El Paso on Non detained Cases

If there is a Government shutdown-No hearings at EOIR Houston and El Paso on Non detained Cases

AILA advises that the federal government has begun advanced preparations for a possible shutdown as Democrats and Republicans continue negotiating over a spending package to fund t...