Ineffective Assistance of Counsel Immigrants

News & Analysis as of

Holding of Padilla v. Kentucky to be Incorporated Into Federal Rules of Criminal Procedure

In 2010, the Supreme Court of the United States, in the case of Padilla v. Kentucky, held that a defense attorney’s failure to advise the defendant concerning the risk of removal fell below the objective standard of...more

Padilla v. Kentucky Held Retroactive in Massachusetts

On September 13, 2013, the Massachusetts Supreme Judicial Court (SJC), in Commonwealth v. Sylvain, held that the duty of defense counsel to accurately advise noncitizens clients of immigration consequences, as announced in...more

Padilla v. Kentucky Not Retroactive

On February 20, 2013, The U.S. Supreme Court declined to apply retroactively a 2010 ruling (Padilla v. Kentucky) that requires attorneys to tell immigrant clients that they can be deported if they plead guilty to certain...more

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