In a blow to Criminal Immigrant Defenders, the Court ruled today that Padilla v. Kentucky, does not apply retroactively. Many immigrants that have appeared before a Criminal Judge have plead to crimes without being properly warned that their conviction carried a risk of deportation. Under Padilla the Supreme Court held that counsel must inform noncitizen clients whether a plea carries a risk of deportation. However, today, the Court clarified in Chaidez v. U.S. that the Padilla ruling was considered a “new” rule and as such, it does not apply to any final convictions prior to March 31, 2010.
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