DEFENDER SERVICES OFFICE
TRAINING DIVISION





SELECT TOPICS IN CRIMINAL DEFENSE > Immigration Consequences of Conviction >
OBLIGATION TO ADVISE ON IMMIGRATION CONSEQUENCES

  • Padilla v. Kentucky, 130 S.Ct. 1473 (2010)

  • Chaidez v. United States (No. 11-820)
    (holding that Padilla does not apply retroactively to cases already final on direct review)

  • Amendment to Federal Rule of Criminal Procedure 11(b)(1) 
    (Effective December 1, 2013, this amendment requires that, before accepting a plea of guilty or nolo contendere, the court advise the defendant, and ensure that he understands, that "if convicted, a defendant who is not a United States citizen may be removed from the United States, denied citzenship, and denied admission to the United States in the future." Fed. R. Crim. P. 11(b)(1)(O))

  • Padilla and Attorneys' Obligations When Advising Clients (Video Presentation) Padilla Video Presentation
    by Jennifer Gilg, Research and Writing Specialist, D. NE; and Sarah Rose Weinman, Esq., National Immigrant Justice Center, Chicago, Illinois
    (This video presentation explains how criminal defense attorneys can meet their obligations to advise their clients regarding the impact a plea will have on their chances of remaining in the country.)

  • How Federal Convictions Will Impact Your Clients' Immigration Status - Looking Closer at Padilla (Video Presentation) Padilla Video Presentation
    by Mary Kramer, Esq., Law Offices of Mary Kramer, Miami, FL, author of the book "Immigration Consequences of Criminal Activity"
    (This video presentation examines the implications of Padilla and outlines an approach for determining the immigration consequences of a conviction.)

  • Practicing After Padilla: Where Do We Go From Here
    by Francisco "Frank" Morales, Assistant Federal Public Defender, S.D. TX
    (This article discusses approaches for ensuring that clients are receiving the fullest and most competent legal advice regarding the impact of a plea on their immigration status, as required by Padilla v. Kentucky.)

  • Representing Non-Citizens After Padilla
    by Jodi Linker, Assistant Federal Public Defender, Northern District of California; and Eleni Wolfe-Roubatis, Esq., National Immigrant Justice Center
    (analyzing Padilla and explaining defense counsel's obligations to advise non-citizens on the consequences of convictions)

  • Office of Immigration Litigation Issues Reference Guide to Immigration Consequences of Crime in Response to Padilla v. Kentucky
    (In view of the Supreme Court's decision in Padilla v. Kentucky, the DOJ Civil Division Office of Immigration Litigation has prepared a comprehensive overview of the provisions of the Immigration and Nationality Act that are relevant to non-citizens facing conviction. The overview is intended to assist interested parties in understanding the potential immigration consequences of a plea to criminal charges.)

  • Immigration Consequences of Criminal Offenses: Advice Post- Padilla v. Kentucky
    by Eleni Wolfe-Roubatis, Esq., National Immigrant Justice Center, Chicago, Illinois

  • A Defending Immigrants Partnership Practice Advisory: Retroactive Applicability of Padilla v. Kentucky
    by Dan Kessellbrenner, National Immigration Project of the National Lawyers Guild