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SCOTUS to Consider Padilla Retroactivity: Chaidez v. U.S.

"The Supreme Court on Monday agreed to settle a dispute among lower courts on whether to give more immigrants the benefit of a ruling that requires their lawyers to advise them more clearly on what can happen if they plead guilty to a crime. At issue in the new case of Chaidez v. United States...

Padilla Retroactivity Supreme Court Amicus Brief - Case Examples Needed

Stephen W. Manning writes: "AILA's Amicus Committee seeks case examples for a brief to be filed at the Supreme Court in Chaidez v. United States . In Chaidez, the Court will address whether its decision in Padilla v. Kentucky may be applied retroactively. Padilla acknowledged a settled duty...

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

" 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...

Online Chaidez (Padilla Retroactivity) Symposium Continues

crImmigration.com, Nov. 1, 2012 : " The online symposium on Chaidez v. United States continues today with contributions by Christopher N. Lasch, Craig Siegel, and Carlos M. García. On Monday, the symposium will feature several analyses of today's oral arguments. Here's the complete...

Chaidez v. U.S. Oral Argument Transcript (Padilla Retroactivity)

Chaidez v. U.S. Oral Argument Transcript - U.S. Supreme Court, Nov. 1, 2012. - Stanford Law Professor Jeffrey L. Fisher argued for Ms. Chaidez.

An Unapologetic Con-Law Nerd Reports from the Supreme Court

" So I went up to the Supreme Court yesterday to hear argument in Chaidez v. United States , No. 11-820 . Chaidez concerns the straightforward question whether the Court’s decision in Padilla v. Kentucky , 130 S. Ct. 1473 (2010) , applies retroactively – i.e., to defendants whose convictions...

Chaidez Oral Argument Recap by Dean Kevin Johnson

"The argument was a lawyerly-like exercise in appellate advocacy, with the Justices skillfully probing the legal arguments concerning a collateral attack on a criminal conviction, as well as the policies implicated by the retroactive application of a decision of the Supreme Court. ... From my reading...

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...

Commentary on Chaidez

Scroll down for five thoughtful essays on where we go from here. - crImmigration.com

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...

Juárez Man Granted Asylum; Family Killed by Cartels

"A U.S. immigration court in a rare action granted asylum to a citizen of Mexico who fled Juárez after 11 of his relatives were killed by suspected drug cartel-sponsored extortionists, El Paso lawyer Carlos Spector said Monday. The court found that asylum petitioner Christian Chaidez, 30...

Mass. High Court Breathes New Life Into Padilla in Commonwealth v. Sylvain

"In an important decision last week the Massachusetts Supreme Judicial Court (SJC) confirmed it will continue to part ways with the United States Supreme Court over the retroactive application of the Supreme Court’s 2010 decision in Padilla v. Kentucky , 559 U.S. 356, requiring effective crimmigration...

New Mexico Supreme Court on Chaidez: Ramirez v. State

"In State v. Paredez, 2004-NMSC-036, ¶ 19, 136 N.M. 533, 101 P.3d 799, we held that a criminal defense attorney who represents a noncitizen client “must advise that client of the specific immigration consequences of pleading guilty” to pending charges. An attorney’s failure...

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...

N.Y. Ct. App. on Padilla Retroactivity: People v. Baret

"The United States Supreme Court held in Padilla v Kentucky (559 US 356 [2010]) that the Sixth Amendment requires criminal defense counsel to advise their noncitizen clients about the risk of deportation arising from a guilty plea. The Court subsequently held in Chaidez v United States (568 US __...

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 .