LexisNexis® Legal Newsroom
Padilla retroactive in Maryland: Denisyuk v. State

Mark Denisyuk v. State of Maryland , No. 45, September Term 2010 - SIXTH AMENDMENT – RIGHT TO EFFECTIVE COUNSEL – GUILTY PLEA – NOTIFICATION OF IMMIGRATION CONSEQUENCES – In light of the Supreme Court’s holding in Padilla v. Kentucky, 559 U.S. ___, 130 S. Ct. 1473 (2010...

Unpublished Padilla retroactivity victory in Texas: Carpio-Cruz

"Juan Carpio-Cruz filed a petition for writ of habeas corpus, asserting that he was not told that pleading guilty to a drug offense would cause him to be deported. The trial court granted habeas relief, and the State appeals. We affirm." - Ex parte: Juan Carpio-Cruz, Nov. 9, 2011 . [Hats off...

Ninth Circuit on 212(c), retroactivity: Tyson v. Holder

"Tyson argues that the BIA erred when it decided that she is not eligible to seek § 212(c) discretionary relief from removal pursuant to the former Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(c), which was repealed in 1996 as to aliens with certain criminal convictions...

N.C. Ct. App. on Padilla Retroactivity: State v. Alshaif

"In determining whether Padilla is retroactively applicable, we find the reasoning of the Tenth Circuit in Chang Hong persuasive and join with those courts holding that Padilla announces a new rule of constitutional law and is not retroactively applicable on collateral review." - State v. Alshaif...

New Jersey Supreme Court, 5-2, Rules Padilla Not Retroactive: Gaitan & Gouldbourne

Majority nutshell : "We ... conclude that Padilla represents a new constitutional rule of law that, for Sixth Amendment purposes, is not entitled to retroactive application on collateral review under Teague. We cannot say that prior to issuance of the holding in Padilla, attorneys would have known...

CA5: Padilla Not Retroactive - U.S. v. Amer

"[W]e join the Seventh and Tenth Circuits in holding that Padilla announced a “new” rule within the meaning of Teague. ... [W]e hold that the rule announced in Padilla is “new” within the meaning of Teague, and accordingly, it does not apply retroactively and may not serve...

New Mexico Court of Appeals on Padilla Retroactivity: State v. Ramirez

"Martin Ramirez, a/k/a Richard Sanchez, (Petitioner) appeals the district court's denial of his writ of coram nobis, which sought to vacate Petitioner's twelve-year-old conviction due to ineffective assistance of counsel under State v. Paredez, 2004 NMSC 36, 136 N.M. 533, 101 P.3d 799. Paredez...

NY Appeals Court: Padilla Retroactive - People v. Baret

"We conclude that Padilla, decided after defendant's conviction was affirmed on direct appeal (43 AD3d 648 [2007], affd 11 NY3d 31 [2008]), should be applied retroactively." - People v. Baret, Oct. 2, 2012 . Hats off to Labe M. Richman !

Is Padilla Retroactive? One Texas Court Says Yes

"We conclude that Olvera met his burden to show a reasonable probability that, but for his counsel's erroneous advice, he would not have pleaded guilty and would have insisted on going to trial. ... We also conclude that Padilla and Martinez apply retroactively to the time of the guilty plea...

Online Symposium on Chaidez v. U.S.: Is Padilla Retroactive?

" Tomorrow morning the U.S. Supreme Court is scheduled to hear oral arguments in Chaidez v. United States , No. 11-820, a case asking the Court to decide whether its landmark decision in Padilla v. Kentucky , 130 S. Ct. 1473 (2010), applies retroactively. With the help of 11 outstanding contributors...

Three New Chaidez / Padilla Retroactivity Essays

" The online symposium that started last week discussing the ins and outs of Chaidez v. United States , the case argued before the U.S. Supreme Court last week asking it to decide whether its landmark Padilla v. Kentucky decision applies retroactively, continues today with new contributions by Rebecca...

Deportation, Then and Now

"In March 2010, the U.S. Supreme Court concluded that a defendant's 6th Amendment right to counsel — and its implied right to effective counsel — is violated when defense lawyers fail to warn their noncitizen clients that a guilty plea to certain offenses carries a risk of deportation...

Prosecutor: No Need to Fear Floodgates if Padilla Retroactive

"By providing that the nation's standards of justice also apply to cases decided before March 31, 2010, a favorable decision in Chaidez will give prosecutors the option, if they desire, to revisit plea agreements that failed to achieve justice the first time around. We need not fear that courts...

Supreme Court, 7-2, Padilla Not Retroactive: Chaidez v. U.S.

Majority (Kagan) - "In Padilla v. Kentucky, 559 U. S. ___ (2010), this Court held that the Sixth Amendment requires an attorney for a criminal defendant to provide advice about the risk of deportation arising from a guilty plea. We consider here whether that ruling applies retroactively, so that...

Roundup: Chaidez Fallout

" In Chaidez v. United States , the Court held that Padilla v. Kentucky , in which the Court held that the Sixth Amendment requires defense attorneys to inform criminal defendants of the deportation risks of guilty pleas, does not apply retroactively to cases already final on direct review. Adam...

After Chaidez, Padilla Not Retroactive in Texas: Ex Parte De Los Reyes

"Applicant below, Joel De Los Reyes, filed an application for writ of habeas corpus, in which he alleged that he received ineffective assistance of counsel because his trial counsel failed to advise Applicant that he was almost certainly subject to deportation after he pled guilty to a second crime...

Padilla Retroactive in Mass: Commonwealth v. Sylvain

Wendy Wayne writes: "Today, the SJC held that the duty of defense counsel to accurately advise noncitizens clients of immigration consequences, as announced in Padilla v. Kentucky, is retroactive under Massachusetts common law for convictions obtained after April 1, 1997. The SJC also found a separate...

NM SUPREME COURT: PADILLA APPLIES RETROACTIVELY

"In an important decision, the New Mexico Supreme Court held that Padilla v. Kentucky , 559 U.S. 356 (2010), applies retroactively to 1990. Ramirez v. State , No. 33,604, slip op. (N.M. June 19, 2014). The court’s decision departs from the U.S. Supreme Court’s ruling in Chaidez v. United...

Padilla Retroactive in Wa. State: In re Tsai

"Because Padilla did not announce a new rule under Washington law, it applies retroactively to matters on collateral review under Teague." - In re Tsai, May 7, 2015 .

BIA on Adoption: Matter of R. Huang, 26 I&N Dec. 627 (BIA 2015)

Official Headnote: The beneficiary of a visa petition who was adopted pursuant to a State court order that was entered when the beneficiary was more than 16 years old, but with an effective date prior to his or her 16th birthday, may qualify as an adopted child under section 101(b)(1)(E)(i) of the Immigration...