Castellano on Chaidez v. United States: Supreme Court Limits Applicability of Criminal Defendants' Right to Immigration Advice (PDF)
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In US v. Chaidez, the Supreme Court limited the effect of its ruling in Padilla v. Kentucky by holding it is not retroactive to otherwise final cases. In this commentary, John M. Castellano, a 29-year veteran of criminal practice, discusses the legal and practical significance of the decision and offers suggestions on dealing with similar claims after Chaidez for the many non-citizens who face deportation on the basis of criminal convictions.
John M. Castellano is Deputy Executive for the Legal Affairs Division in the District Attorney's Office in Queens, New York, where he has been in charge of the Appeals Bureau for more than 16 years. In that capacity, he has supervised thousands of criminal cases prosecuted at every level of state and federal court. He has personally briefed, edited, or argued over 80 cases in the United States Court of Appeals for the Second Circuit and has argued before the Supreme Court of the United States. The New York State District Attorney's Association named him Appellate Prosecutor of the Year in 2005. He has also written for the treatise Criminal Law Advocacy, published by LexisNexis, and is General Editor of the Practice Insights for the New York Penal Law and Criminal Procedure Law published by LexisNexis. The views expressed in this commentary are solely his own.
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