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Immigration Law

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 Liptak of The New York Times has coverage of the decision, as do David G. Savage of The Los Angeles Times, Robert Barnes of The Washington Post, Lawrence Hurley and Jonathan Stempel of Reuters, and The Associated Press.  Kent Scheidegger of Crime and Consequences argues that the opinions show that Justice Kagan, but not Justice Sotomayor, understands the rule of Teague v. Lane, which restricts the retroactive application of new rules after the judgment has become final.  And Joseph Ax of Reuters reports on several New York state court decisions that have been invalidated by yesterday’s ruling." - Cormac Early, SCOTUSblog, Feb. 21, 2013.