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Padilla practice advisory

By John Wesley Hall, Jr.

A Padilla practice advisory is on the Immigrant Defense Project website here. The bullet points: Some Key Padilla Take-Away Points for Criminal Defense Lawyers • Deportation is a “penalty,” not a “collateral consequence,” of the criminal proceeding. The Court held that deportation is a “particularly severe ‘penalty’” and made clear that the “direct vs. collateral” distinction does not apply to immigration consequences and does not preclude ineffective assistance of counsel (IAC) claims based upon failure to provide correct advice about immigration consequences. • Professional standards for defense lawyers provide the guiding principles for what constitutes effective assistance of counsel...continue to full post

Full post as published by Law Of Criminal Defense on April 07, 2010 (boomark / email).