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Judges and Judiciary,
Immigration,
9th U.S. Circuit Court of Appeals

Jun. 25, 2013

Crimes and immigration consequences

The objective of this article is to familiarize readers regarding the immigration consequences of state criminal proceedings in California and the 9th Circuit

Rodin Rooyani

Immigration Judge
Immigration Court

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Stanley Mosk Courthouse

Curtis A. Kin

Judge
Los Angeles County Superior Court

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The U.S. Supreme Court held in Padilla v. Kentucky, 130 S. Ct. 1473 (2010), that plea negotiations are a critical phase of litigation for purposes of the Sixth Amendment and that defense counsel must inform a defendant whether a guilty plea carries a risk of deportation. Consequently, the court held that defense counsel's failure to do so amounts to ineffective assistance of counsel. The court more recently clarified that the rule in Padilla does not apply retroactively. Se...

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