Padilla v. Kentucky
United States Supreme Court
559 U.S. 356 (2010)
- Written by Craig Conway, LLM
Facts
Jose Padilla (plaintiff), a native of Honduras, had been a permanent resident of the United States for more than 40 years when he pled guilty to, and was convicted of, a marijuana offense in Kentucky. As a result, Padilla was subject to mandatory deportation under Section 237(a)(2)(B)(i) of the Immigration and Nationality Act (INA). In his petition for post-conviction relief to the Kentucky Supreme Court, Padilla claimed that his trial attorney was ineffective and failed to advise him of the deportation consequences for pleading guilty to the crime. Instead, Padilla said his attorney told him that he did not have to worry about immigration status since he had been in the United States for so long. The Kentucky Supreme Court rejected Padilla’s Sixth Amendment ineffectiveness of assistance of counsel claim on the ground that the advice he sought from his attorney about the risk of deportation concerned only collateral matters and did not directly relate to the crime he had been charged with. Padilla appealed. The U.S. Supreme Court granted certiorari to review.
Rule of Law
Issue
Holding and Reasoning (Stevens, J.)
Concurrence (Alito, J.)
Dissent (Scalia, J.)
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