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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

Past Resources of the Week

ROTW: Seeking Post-Conviction Relief Under Padilla v. Kentucky After Chaidez v. U.S.

Tuesday, March 19, 2013

On March 31, 2010, in Padilla v. Kentucky, 559 U.S. 356, 130 S. Ct. 1473 (2010), the Supreme Court held that the Sixth Amendment requires criminal defense counsel to advise a noncitizen defendant regarding the immigration consequences of a guilty plea, and, absent such advice, a noncitizen may raise a claim of ineffective assistance of counsel. On February 20, 2013, however, the Court held in Chaidez v. U.S., No. 11-820, slip. op. (February 20, 2013), that Padilla is a "new rule" that does not apply retroactively to Ms. Chaidez' case involving a federal conviction that was final before Padilla. This advisory will discuss claims for post-conviction relief that can still be asserted by immigrants who were not properly advised regarding the immigration consequences of a pre-Padilla criminal case.

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