US Supreme Court to Hear Case on Ill-advise by Criminal Lawyer on the Immigration Consequences of a Plea

The Supreme Court will hear arguments on Tuesday on whether immigrants must be told by their lawyers that they face deportation if they plead guilty to serious crimes. The case involves a Honduran national who pleaded guilty to trafficking in marijuana after his lawyer assured him he would not face deportation. Jose Padilla is a Vietnam-era veteran who has lived in the United States for decades, although he never became a U.S. citizen. Padilla’s lawyer was wrong and the federal government began proceedings to deport Padilla as an ‘aggravated felon,’ for which permanent deportation is mandatory. Padilla later sought to withdraw his plea, but the Kentucky state supreme court held that Padilla had no right to learn of the immigration consequences of his plea.

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