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: Tenth Circuit Blog

Advice Re: Immigration Consequences is a Constitutional Right

By Shari Allison

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I don't normally include Supreme Court decisions, but this one affects so many of our clients, past and present, that it must be mentioned.In Padilla v. Kentucky, available at http://www.supremecourt.gov/opinions/09pdf/08-651.pdf, released today, the Supreme Court held that counsel must inform a client whether his plea carries a risk of deportation. Failure to do so can be ineffective assistance of counsel within the meaning of the Sixth Amendment.The court said that changes to immigration law have dramatically raised the stakes of a noncitizen?s criminal conviction. Because the serious consequence of deportation or removal is now virtually inevitable for many noncitizens convicted of crimes, the importance of accurate legal advice for noncitizens accused of crimes has never been more important...continue to full post

Full post as published by Tenth Circuit Blog on March 31, 2010 (boomark / email).

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