LexisNexis® Legal Newsroom
Cal. Sup. Ct. on Immigration Advisement in Criminal Cases: People v. Martinez

"[Cal.] Penal Code section 1016.5 requires that before accepting a plea of guilty or nolo contendere to any criminal offense, the trial court must advise the defendant that if he or she is not a United States citizen, conviction of the offense may result in deportation, exclusion from admission...

N.Y. Ct. App. on Court Advisals: People v. Peque

"[F]undamental fairness ... requires a trial court to make a non-citizen defendant aware of the risk of deportation because deportation frequently results from a non-citizen's guilty plea and constitutes a uniquely devastating deprivation of liberty." - People v. Peque, Nov. 19, 2013 ....

'Padilla' Advisal Added to Fed. R. Crim. P. 11(b)(1)

"Effective December 1, 2013, an amendment to Rule 11(b)(1) takes effect that requires a [federal district court] judge, during a plea colloquy, to inform the defendant and ensure that he understands that "if convicted, a defendant who is not a United States citizen may be removed from the United...

Cal. Ct. App. on Court Advisal - People v. Asghedom

People v. Asghedom, Jan. 5, 2016 - "Penal Code section 1016.5 mandates that, before accepting a guilty or no contest plea, the court must advise the defendant that the plea “may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization...

Wisconsin Sup. Ct. on Court Advisals: State v. Valadez

State v. Valadez, Jan. 28, 2016 - "Ms. Valadez has fulfilled the statutory requirements for withdrawing her pleas. The circuit court failed to give the warning required by Wis. Stat. § 971.08(1)(c) and Ms. Valadez's guilty pleas are "likely" to result in her exclusion from admission...

Ohio S.C. on Padilla, Pre-Trial Diversion: State v. Kona

State v. Kona, Nov. 21, 2016 - "We hold that R.C. 2943.031(A) required the trial court to advise Kona that his admission of guilt made for purposes of entering into Cuyahoga County’s pretrial diversion program may have the consequences of deportation, exclusion from admission to the United...