On March 31, 2010, the United States Supreme Court rendered the most significant sixth amendment decision since Gideon v. Wainwright. In Padilla v. Kentucky, the Court held that the right to effective assistance of counsel includes the duty of counsel to give advice regarding the immigration consequences which flow from criminal dispositions. This book and audio CD set examines the practical effects of Padilla by working through hypotheticals designed to provide a model for representation of the non-citizen criminal defendant.
Summary of Contents:
Padilla v. Kentucky -- Syllabus; Opinion of Court; Alito, J., Concurring in Judgment; Scalia, J., Dissenting | Immigration Law -- What Every Criminal Practitioner Should Know -- Introduction; What is an Alien?; What is a Conviction?; Criminal Grounds of Removal & Inadmissibility; Detention and Bond; Sentence Structuring to Impact Proof in Immigrant Court; Waivers; Persecution Panoply; Administrative Removal; Conclusion | Pennsylvania Criminal Defense in the Post- Padilla World -- PowerPoint Slides -- What Padilla Says; 6th Amendment Requires; Issues Raised by Padilla -- Retroactivity; Issues Raised by Padilla -- Expanded Duties Beyond Plea Bargains; What You Now Need to Know — The Law; Aggravated Felony; What You Now Need to Know; Immigration Prosecutions Know Your Terminology; Providing Deportability; Divisibility Practice Pointer; Preserving Forms of Release; Post-Conviction Remedies; Third Circuit Cases Demonstrating Application of Categorical and Modified Categorical Analysis Selected Resources/Organizations; Appendices.
Number of Pages: 116