Dean's Hour: Defense Counsel's Guide to Padilla Compliance (In Bite Size Chunks!): Part 5: Review of the Criminal Grounds of Deportability (HYBRID)
The Supreme Court’s 2010 decision in Padilla v. Kentucky, 559 U.S. 356 (2010) imposes upon defense counsel a duty to ascertain and advise his non-citizen client of the adverse immigration consequences of a criminal conviction. Knowledge of these consequences is necessary for the client to make an informed decision as to whether to go to trial, or to accept a proposed plea offer. In order to provide effective representation during plea negotiations, counsel must know which pleas may render their client subject to removal; which may avoid triggering removal; and which may render the client removable but preserve the client’s eligibility for discretionary relief from removal. The interplay between criminal and immigration law is sometimes complicated and can be intimidating for defense counsel. This lunchtime lecture series is designed to build – one lecture upon the other – and to teach the fundamentals needed for defense counsel to comply with their duties under Padilla. This lecture series will be presented by George Terezakis, Chair of the NCBA Immigration Law Committee and Jackeline Saavedra-Arizaga, Nassau County 18-b Panel Padilla Attorney.