Regardless of an attorney’s area of practice, immigration-related questions arise. Lawyers often are unfamiliar with the basic framework of immigration law needed to prevent clients from making costly mistakes. While clients’ particular immigration-related legal needs vary greatly, the following are eight key warnings that attorneys must be prepared to offer them.
1. Warn clients about the immigration consequences of guilty pleas. In Kentucky v. Padilla (2010), the U.S. Supreme Court held that the Sixth Amendment requires defense counsel to advise noncitizen clients of the risk of deportation arising from a guilty plea. Failure to properly advise on the immigration consequences may constitute ineffective assistance of counsel.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
