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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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