By Jason Chan
The Supreme Court’s decision in Padilla v. Kentucky, 559 U.S. 356 (2010), established that a defendant in a criminal case has a constitutional right to be informed of the immigration consequences of a guilty plea. If the defendant’s attorney fails to inform the defendant of such consequences, the defendant may have grounds to move to have the plea vacated.
The Padilla decision was a narrow ruling that left many issues unresolved. It was the state courts, facing a growing number of applications...



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