The Impact of Chaidez v. United States: The Past, Present, and Future Legacy of Padilla v. Kentucky (PDF)
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The U.S. Supreme Court's 2010 decision in Padilla v. Kentucky was a landmark. The Court ruled that criminal defense attorneys must meet a certain standard in advising noncitizen clients of possible immigration consequences of convictions. But did Padilla have retroactive effect? In Chaidez, the Court said no. This EIA discusses the merits and consequences of that decision.
Michael S. Vastine is Associate Professor of Law and Director of the Immigration Clinic at St. Thomas University School of Law in Miami, Florida. His practice and research focus on immigration litigation, particularly regarding the removal consequences of criminal convictions and the due process rights of noncitizens. He co-represents the noncitizen in the lead case construing the scope of Padilla in the Florida courts, Hernandez v. State, 2012 Fla. LEXIS 2416 (Nov. 21, 2012), in which the Florida Supreme Court found against retroactivity.
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