Padilla v Kentucky is a landmark case for immigrants because for the first time, the Supreme Court required criminal defense attorneys to advise their non-citizen clients of the immigration consequences of their criminal cases. This is a daunting task for criminal defense attorneys and in today’s podcast, Of Counsel to Alexandre Law Firm and Former BIA Judge Lory Rosenberg explains the importance of getting an experienced immigration (and preferably, “crimmigration”) attorney involved as soon as a client picks up a criminal charge in order to protect the client’s ability to remain in the United States.
Further, this case might even allow those non-citizens who were not advised of the immigration consequences during their criminal cases to reopen the criminal case based on a Constitutional violation under the 6th Amendment due to Ineffective Assistance of Counsel. This case has been a game changer for many clients and if you or a loved one faces possible deportation because of a current case or old criminal conviction (or if you are a criminal defense or immigration practitioner), you cannot afford to miss this episode!
Tune in and Know Your Rights!