Second Circuit: Naturalized Citizens Must Be Told if Plea May Lead to Deportation

Following up on the Supreme Court's Padilla v. Kentucky holding that non-citizen criminal defendants must be advised of any risk of deportation associated with a guilty plea, En banc Second Circuit: If a guilty plea could lead to denaturalization and deportation, lawyers must advise their clients of that fact or they're giving unconstitutionally ineffective counsel. In other words, district court’s denial of habeas relief vacated.

The case is Farhane v. United States, No. 20-1666 (2d Cir. Oct. 31, 2024).