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Supreme Court Oral Argument Preview: Chaidez v. U.S. (Padilla Retroactivity)

October 26, 2012 (1 min read)

"In Padilla v. Kentucky (2010), the Court held that an ineffective assistance of counsel claim under the Sixth Amendment could be based on an attorney’s failure to inform a criminal defendant of the risk of deportation resulting from a plea agreement and criminal conviction.  In so holding, the Court recognized that “deportation is an integral part – indeed, sometimes the most important part – of the penalty that may be imposed on noncitizen defendants who plead guilty to specified crimes.”  Next week, in Chaidez v. United States, the Court will hear oral argument on whether Padilla applies retroactively, so that non-citizens who were convicted before its 2010 decision in that case can benefit from it as well. ... In Chaidez, the Court will decide the full reach of its decision in Padilla.  That decision in turn will have an impact on a great many non-citizens with criminal convictions before 2010 – many of whom in these times of increased immigration enforcement are frequently caught up in the removal machinery of the U.S. government." - Kevin Johnson, Oct. 25, 2012.