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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...

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...

'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...

CA5 on Padilla: U.S. v. Urias-Marrufo

"Defendant Ana Victoria Urias-Marrufo (“Urias”) appeals from the district court’s denial of her motion to withdraw her guilty plea. Following that denial, the district court entered a final judgment of conviction and sentenced her to imprisonment of 37 months. We vacate and remand...

Unpub. BIA Stop-Time Remand Victory: Matter of Mendoza-Olivas

Steve Spurgin writes: "[ Linked here is an unpub .] BIA decision in which the Board said that an admission of a stop time crime that was vacated on Padilla grounds in a removal proceeding for a LPR does not stop time unless the respondent is warned in advance about the elements of the offense, citing...

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 __...

Conn. Sup. Ct. - Deportee Can't Cite Padilla To Nix '07 Plea: Thiersaint v. Comm.

"The Connecticut Supreme Court refused Monday to toss the drug conviction of a man facing deportation to Haiti, rejecting his request to retroactively apply a 2010 U.S. Supreme Court decision that requires lawyers to warn clients of the immigration implications of their pleas. In a 4-3 decision...

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 .

CA5 on Ineffective Assistance of Counsel: USA v. Batamula

"Innocent Rutahagara Batamula, a citizen of Tanzania, after entering the United States on a student visa, marrying a United States citizen, and applying for a change in his immigration status, pleaded guilty pursuant to a written plea agreement to one count of making a false statement to a federal...

CA7 (Posner) on Padilla, Crimmigration: DeBartolo v. USA

"Renato DeBartolo, 48 years old, immigrated to the United States with his family at the age of one, but unlike most of his family never got around to applying for U.S. citizenship. He is married to an American citizen, however, and his seven or ten children (the correct number is uncertain) are...

Wisconsin SC on Padilla, IAC - Wisc. v. Ortiz-Mondragon; Wisc. v. Shata

"We conclude that Ortiz-Mondragon is not entitled to withdraw his no-contest plea to substantial battery because he did not receive ineffective assistance of counsel. Specifically, his trial counsel did not perform deficiently. Because federal immigration law is not "succinct, clear, and explicit"...

CA9 on IAC, Coram Nobis, Padilla, Teague: USA v. Chan

"Appellant Maureen Elaine Chan, a/k/a Maureen Ridley (“Chan”), appeals the district court’s dismissal of her petition for a writ of error coram nobis. This case requires us to determine the retroactivity of our prior decision in United States v. Kwan, 407 F.3d 1005 (9th Cir. 2005...

Wisc. Sup. Ct. Guts Padilla: César Cuauhtémoc García Hernández

"In two cases released the same day, the Wisconsin Supreme Court made it much more difficult for migrants to demand the effective assistance of counsel that the Sixth Amendment entitles them and all defendants in criminal prosecutions to receive. See Padilla v. Kentucky, 559 U.S. 356 (2010). In...

CA9 on Padilla: USA v. Rodriguez-Vega

Court Staff Summary - "Vacating a conviction of misdemeanor attempted transportation of illegal aliens, the panel held that the district court erred in failing to hold, upon a petition under 28 U.S.C. § 2255, that defendant’s counsel was ineffective in failing to advise her that her plea...

The Pressure Is On: Criminal Defense Counsel Strategies after Padilla v. Kentucky - Bill Ong Hing

"The Supreme Court’s message to criminal defense attorneys in Padilla v. Kentucky was clear: when there is a risk of deportation, defense counsel has a constitutional duty to inform an immigrant defendant of the potential for deportation or adverse immigration consequences prior to pleading...

An Afternoon with José Padilla and Friends

Dan Kowalski, Mar. 4, 2016 - " It's not often one has the opportunity to shake hands with the victor of a Supreme Court case. Yesterday, many of us did just that. José Padilla, of Padilla v. Kentucky , 130 S.Ct. 1473 (2010) , spoke to students, faculty and guests at the Crimmigration...

An End-Run Around Padilla? Batamula II (CA5, En Banc)

U.S. v. Batamula (Batamula II, en banc,) May 3, 2016 - "Batamula failed to allege facts or adduce evidence showing that the outcome of the plea process would have been different with competent advice. The record conclusively established that he was deportable before his guilty plea, and he remained...

CA6 on Padilla, Prejudice...And The National Interest: Lee v. USA

Lee v. USA, June 8, 2016 - "In Pilla we held that no rational defendant charged with a deportable offense and facing “overwhelming evidence” of guilt would proceed to trial rather than take a plea deal with a shorter prison sentence. 668 F.3d at 373. Lee finds himself in precisely this...

N.J. Sup. Ct. App. Div. on Padilla - State v. Antuna

State v. Antuna, Aug. 16, 2016 - "Defendant Mariano Antuna appeals from an August 4, 2014 order denying his petition for post-conviction relief (PCR). Defendant argues he received ineffective assistance of counsel because his trial counsel failed to properly advise him of potential immigration consequences...

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...