Padilla v. Kentucky: The right of a defendant to be informed by counsel of collateral consequences of a conviction

On March 31, 2010, the United States Supreme Court handed down a 7-2 decision in Padilla v. Kentucky, ruling that a defense lawyer failed to provide his noncitizen client effective assistance of counsel under Strickland v. Washington when he did not warn him that he was almost certain to be deported if he pled guilty. The Court's ruling has opened up the door to an attorney's obligation to inform clients of collateral consequences of a conviction.  These collateral consequences not only include an affirmative duty to give correct advice about possible adverse immigration consequences, but also may include other collateral consequences of a conviction such as sex offender registration and residency requirements, loss of licenses, firearm possession bans, ineligibility for public housing or other benefits, the right to adopt or maintain other family relationships, and the risk of increased penalties in later prosecutions including risks such as Jessica's law enhancements.

A recent publication put out by the Office of Immigration Litigation of the Department of Justice on the immigration consequences of criminal convictions after the recent United States Supreme Court Padilla v. Kentucky decision is of particular importance to criminal defense attorneys.  Please refer to www.justice.gov/civil/oil/OIL_Padilla_Reference_Guide.pdf to review the publication in its entirety.