U.S. Supreme Court to Consider Whether Padilla v. Kentucky Should Apply Retroactively

By |2012-04-30T10:50:36-05:00April 30th, 2012|Categories: DHS / Immigration and Customs Enforcement (ICE), General, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|Tags: , , , , , , , , |

Published: April 30, 2012 Firstly, a review: On March 31, 2010, the U.S. Supreme Court issued a decision in the case of Padilla v. Kentucky, declaring that noncitizen criminal defendants seeking to plead guilty have a constitutional right to be advised by their criminal counsel of the deportation consequences of such a plea. The case arises out of the State of Kentucky, with Jose Padilla, a long time lawful permanent resident and U.S. Army veteran, facing removal to Honduras after agreeing to plead guilty to a state felony charge of trafficking marijuana. The kicker in Padilla’s case is that his defense […]