Immigration Consequences in Criminal Cases [2010-04-03]
In Padilla v. Commonwealth of Kentucky (U.S. 2010), the Supreme Court decided that under the Sixth Amendment, criminal defendants have the right to competent assistance of counsel, and to be competent, lawyers must advise their clients about the risks of deportation as long as the immigration law is clear on the issue. Otherwise, lawyers may tell clients that immigration risks may exist without being more specific.