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Supreme Court Ruled That Padilla Does Not Have A Retroactive Effect

February 26, 2013

Supreme Court Ruled That Padilla Does Not Have A Retroactive Effect

Author: New York Criminal Immigration Lawyer Alena Shautsova

The case of Padilla v. Kentucky, 559 U. S. 356 (2010) was one of the most exciting decisions in the recent years which acknowledged the importance of Immigration advice for non-citizens at the time of criminal proceedings. It one more time confirmed that a non –citizen pleading guilty to a crime, even a misdemeanor sometimes essentially waives all his immigration rights and signs his own deportation order. The Padilla case effectively opened a door for non-citizens who were not provided a competent advice regarding the immigration consequences of their guilty pleas to file a motion to vacate their guilty pleas.
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No Padilla Retroactive Effect Scotus Holds

February 25, 2013

Author: Immigration Attorney Alena Shautsova

On February 20, 2013, the United States Supreme Court held that Padilla does not have a retroactive effect and cannot be applied to convictions finalized prior to its decision.

The text of the opinion in Chaidez v. United States (2013) is availble here.

According to SCOTUS, Padilla created a new rule and it cannot be applied to those cases there were decided prior to its creation. Justice Sotomayor delivered a dissenting opinion, arguing that no new rule was created by Padilla.