Tuesday, December 10th, 2019

Supreme Court Oral Argument Preview: Chaidez v. U.S. (Padilla Retroactivity)


"In Padilla v. Kentucky (2010), the Court held that an ineffective assistance of counsel claim under the Sixth Amendment could be based on an attorney’s failure to inform a criminal defendant of the risk of deportation resulting from a plea agreement and criminal conviction.  In so holding, the Court recognized that “deportation is an integral part – indeed, sometimes the most important part – of the penalty that may be imposed on noncitizen defendants who plead guilty to specified crimes.”  Next week, in Chaidez v. United States, the Court will hear oral argument on whether Padilla applies retroactively, so that non-citizens