New York courts have come down on opposite sides recently in immigration cases where defendants argued that their convictions are not valid in light of a recent Supreme Court decision on ineffective assistance of counsel. Steven Banks, attorney-in-chief of the Legal Aid Society, said that while no federal or state appellate court has decided whether to apply Padilla v. Kentucky retroactively, the issue is arising more frequently as defendants try to have their convictions overturned based on the ruling.
July 27, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A citizen of Burkina Faso who was taken into custody by immigration authorities after pleading guilty to trademark counterfeiting has lost his bid to overturn his convictions based on ineffective assistance of counsel.
Amadou Kabre maintained that his lawyers did not tell him about the potential immigration consequences of his guilty pleas, and argued that his convictions were not valid in light of the U.S. Supreme Court’s recent ruling in Padilla v. Kentucky (pdf).
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