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New Advisory: Steps to Representing a Noncitizen Defendant Under Padilla

April 22, 2010

via Angie Junck of the Immigrant Legal Resource Center:

On March 31, 2010 the U.S. Supreme Court held in Padilla v. Kentucky that the Sixth Amendment requires defense counsel to advise a noncitizen defendant regarding the immigration consequences of a guilty plea, and, absent such advice, a noncitizen may raise a claim of ineffective assistance of counsel.  To assist criminal counsel meet this duty, the Defending Immigrants Partnership is pleased to present a new practice advisory in addition to other key resources:

NEW!  National Practice Advisory: Steps to Representing a Noncitizen Defendant Under Padilla v. Kentucky

This national practice advisory written by the Immigrant Legal Resource Center on behalf of the Defending Immigrants Partnership provides a step by step guide for criminal defenders to meet the scope of their duties to noncitizen defendant clients under Padilla.  It also provides a summary of the resources available to assist defenders in meeting such duties.  It is attached and can be downloaded at www.defendingimmigrants.org

Other Key Resources Include:

National Practice Advisory: Duty of Defense Counsel Representing an Immigrant Defendant After Padilla v. Kentucky

This national practice advisory written by Immigrant Defense Project on behalf of the Defending Immigrants Partnership provides a summary and key points of the Padilla decision for criminal defense lawyers, a brief review of select defense lawyer professional standards cited by the court, an immigration consequences of crimes checklist, and summary of resources available to criminal defense lawyers nationally.  The advisory can be downloaded at www.defendingimmigrants.org

Free National Online Resource Library on the Immigration Consequences of Crimes for Criminal Defenders at www.defendingimmigrants.org The Defending Immigrants Partnership coordinates a national and comprehensive online resource library on the immigration consequences of crime for criminal defenders at www.defendingimmigrants.org (registration is required, but it is free).  The library contains numerous practitioner quick-reference guides, as well as in-depth practice advisories, with resources available for both beginning and advanced criminal defenders including: quick reference/cheat sheets on immigration consequences of crimes, lists of key strategies to effectively defend noncitizen clients, materials on immigration enforcement in the criminal justice system, know your rights materials for defendants, and defense of noncitizen juveniles.

Upcoming Defending Immigrants Partnership National Webinar, “The Padilla Advisory: Duty of Criminal Defense Counsel to Advise Clients of Immigration Consequences,” for Indigent Defenders (including alternate/conflict defenders) and individuals assisting such defenders and taking place on May 12, 2010.  Information on the training will be posted under the trainings tab at defendingimmigrants.org

The Defending Immigrants Partnership with the assistance of the Washington Defender Association’s Immigration Project is currently developing a two page checklist to assist defenders provide effective assistance representation in each noncitizen defendant case.  This checklist will be circulated widely in the future and will be posted at www.defendingimmigrants.org under the resource library.

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The Defending Immigrants Partnership (DIP) is a national collaboration that has been training and providing resources to public defenders and defender offices since 2002.  Partners include Immigrant Defense Project (New York, NY), Immigrant Legal Resource Center (San Francisco, CA), and National Immigration Project of the National Lawyers Guild (Boston, MA).  To learn more about DIP and to access a comprehensive resource library on the immigration consequences of crimes for criminal defenders go to www.defendingimmigrants.org

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