Thursday, January 19th, 2017

Padilla Retroactivity Supreme Court Amicus Brief – Case Examples Needed

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Stephen W. Manning writes: "AILA's Amicus Committee seeks case examples for a brief to be filed at the Supreme Court in Chaidez v. United States.  In Chaidez, the Court will address whether its decision in Padilla v. Kentucky may be applied retroactively.  Padilla acknowledged a settled duty of criminal defense counsel to provide accurate advice about immigration consequences to a noncitizen defendant prior to the defendant pleading guilty to an offense.  If you are litigating a case concerning Padilla's retroactive effect, we would appreciate a short summary of your case, as well as a description of the hardships that may be endured by the defendant or his or her family members ifPadilla is (or was) not applied retroactively.  While