STERN Law regularly consults with criminal defense attorney to provide careful analysis of a client’s immigration consequences.
This consulting service is provided at a reasonable rate for retained counsel. Office-wide trainings are also available for a more in-depth understanding of common immigration issues.
The narrow vision of lawyering exploded in 2010 with Padilla v. Kentucky, 559 U.S. 356 (2010), when seven Justices held that important consequences such as deportation flowing automatically from the criminal conviction were part of defense counsel’s responsibility to advise under the Sixth Amendment.
For some attorneys, Padilla changed nothing; they were already considering deportation and other collateral consequences as part of representation. For others, this imposes a huge pressure to understand Immigration Law. Either way, Padilla now requires that criminal attorneys become reasonably competent in a completely new area of law. If improper or inadequate advice is provided to your client, you risk further legal action based on Ineffective Assistance of Counsel claims or malpractice. STERN Law would be glad to help you with a Padilla consultation.
Over the past few years, Attorney Jessica Stern has dedicated herself to improving the representation of immigrants facing both criminal and immigration consequences.
Scope of the Padilla Decision
In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court considered the case of a longtime lawful permanent resident who pleaded guilty to a drug trafficking offense in reliance on his criminal defense attorney’s statement that he would not be deported. After realizing this advice was incorrect, Mr. Padilla sought to vacate his conviction based on his Sixth Amendment right to effective assistance of counsel.
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No “Perfect” Advisal
How are you to provide the perfect advisal when you do not understand the laws of Immigration, you say? The additional problem is that even with a basic understanding, you can rarely know exactly how a plea will affect a client’s immigration status.