In Chaidez v. United States, decided 2/20/13, the Court held that its prior decision in Padilla v. Kentucky (2010), holding that the Sixth Amendment requires an attorney for a noncitizen criminal defendant to inform that defendant of the deportation consequences that might result from their guilty plea, is not retroactive. Judge Sotomayor and Ginsburg dissented. The Chaidez decision means that noncitizens convicted prior to March 31, 2010 who were not properly advised of the consequences of their plea on their immigration status cannot challenge those convictions. To read the opinion, click here.
U.S. Supreme Court decides 7-2 that Padilla is not retroactive
Marks Gray P.A.