Retroactivity of Padilla vs. Kentucky

Most immigration attorneys are keenly aware of of the landmark Supreme Court decision, Padilla vs. Kentucky, which held that defendant's attorneys need to advise their clients of the immigration consequences of pleading guilty to particular crimes, or else face ineffective assistance of counsel claims.  Many clients come to me as a consequence of not knowing they would be subject to deportation (technically removal) when they pled guilty to relatively minor criminal violations.

The next big issue facing the Court is whether the holding in Padilla vs. Kentucky is "retroactive", meaning whether the ruling in that case can apply to cases that became final before the ruling in Padilla. The case is Chaidez vs. United States and a ruling is expected soon from the Court.

This could have enormous ramifications for those individuals in removal proceedings, as well as future detainees. Stay tuned for the ruling and take a moment to read this article for more information.

http://immigrationimpact.com/2012/10/29/supreme-court-to-consider-reach-of-padilla-v-kentucky/

And if you need help with an immigration matter, please visit www.kpimmigrationlaw.com for more information.