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Perspective

Jul. 22, 2010

Ineffective Assistance of Counsel: The Immigration Consequences of a Criminal Plea

Jennifer Chacón of UCI School of Law reviews the implications of the Supreme Court's ruling addressing a noncitizen's Sixth Amendment right to counsel.

By Jennifer M. Chacón

On March 31, 2010, in the case of Padilla v. Kentucky, the Supreme Court ruled that defense counsel's failure to warn a noncitizen about the immigration consequences of his criminal plea constituted a denial of that noncitizen's Sixth Amendment right to counsel. Margaret Colgate Love and Jack Chin of University of Arizona Rogers College of Law have characterized the decision as "an extraordinary expansion of the S...

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