In the criminal law world, Padilla v. Kentucky, 130 S.Ct 1473, 176 L.Ed 2d 284 (2009), has worked a mini-revolution. In Padilla the U.S. Supreme Court decided that criminal defendants are due full advice from their criminal defense attorneys on the collateral punishment that may accompany a plea of guilty. There are many collateral punishments that could deploy, and Padilla dealt with deportation as one collateral punishment in addition to jail, probation or a fine.
Based upon Padilla, counsel must advise their clients that a plea of guilty will lead to deportation, or if the law is ambiguous, attorneys must advise the client that deportation “may” follow the plea. Counsel must also give immigration advice to the criminal defendant-client.
