ILNews

U.S. justices to rule on retroactivity of case involving guilty pleas by immigrants

Back to TopCommentsE-mailPrintBookmark and Share

The Supreme Court of the United States will hear a case that stems from its 2010 decision Padilla v. Kentucky, in which the justices held that criminal defense attorneys are obligated under the Sixth Amendment to advise noncitizen defendants about immigration consequences of pleading guilty. The justices will now rule on whether its decision is retroactive.

SCOTUS granted the petition for writ of certiorari Monday in Roselva Chaidez v. United States, No. 11-802, a case that comes from the 7th Circuit Court of Appeals. Roselva Chaidez, a Mexican woman who became a lawful permanent resident in 1977, was indicted in 2003 for mail fraud. She pleaded guilty to two counts on the advice of her attorney, after which the government initiated removal proceedings to deport her. To attempt to avoid deportation, she filed a motion claiming her attorney was ineffective because she wouldn’t have pleaded guilty if she had known of the consequences. While her motion was pending, the U.S. Supreme Court decided Padilla.

The Illinois federal judge held that Padilla applied to Chaidez’s case and vacated her convictions based on the belief that Padilla was retroactive. A split 7th Circuit reversed in August 2011, finding that Padilla announced a new rule so it was not retroactive. Judge Ann Claire Williams wrote in her dissent that the plain language of Padilla shows it anticipated retroactivity.

“We can rest assured that defense lawyers will now advise their clients prior to pleading guilty about the immigration consequences of such a plea, as the Court has clarified that such advice is required under the Sixth Amendment. But given today’s holding, this is of no consequence to Roselva Chaidez despite the fact that professional norms in place at the time of her plea placed the same duty on her counsel,” she wrote.

 

ADVERTISEMENT

  • The Right Ruling
    I dont know WHY some States had been divided on the Padilla matter: if Padilla is retroactive or not... The matter is that there's nothing AFTER Padilla...But BEFORE...there's LOT OF ABUSING committed by the BIA and the INS. lot of broken families and bunch of legal residents deported. That's why The Supreme Court SHUOLD rule same rule that on Padilla. The violation of Constitutional rights have been committed for DECADES ! no now (2010) when Supreme first ruled on Padilla.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT