Supreme Court Says Counsel Has Obligation to Inform Of Immigration Consequences

The Supreme Court in Padilla v. Kentucky, No. 08-651 (Mar 31, 2010), said “We granted certiorari, 555 U. S. _ (2009), to decide whether, as a matter of federal law, Padilla’s counsel had an obligation to advise him that the offense to which he was pleading guilty would result in his removal from this country. We agree with Padilla that constitutionally competent counsel would have advised him that his conviction for drug distribution made him subject to automatic deportation. Whether he is entitled to relief depends on whether he has been prejudiced, a matter that we do not address.” See the PDF: Padilla v. Kentucky, No. 08-651 (Mar 31, 2010)