Supremes Decide Padilla v. Kentucky: Immigrant Ineffective Assistance of Counsel

The Supreme Court, in a 7-2 decision written by Justice Stevens, held in Padilla v. Kentucky that a noncitizen could base an ineffective assistance of counsel claim on his attorney’s alleged failure to inform him of the immigration consequences (possible removal) of a criminal conviction.  Download 08-651[1]  Justices Roberts and Alito concurred in the judgment.  Justices Scalia and Thomas dissented.

Click here for some background from Immigration Impact about the case.  For some commentary, click here.

KJ