What do you have to show to win an ineffective assistance of counsel challenge to a federal criminal conviction?
In Padilla v. Kentucky, the U.S. Supreme Court ruled that an ineffective assistance of counsel claim under the Sixth Amendment could be based on a defense attorney’s failure to apprise a criminal defendant of the immigration...more
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
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
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