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

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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.

 

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  • 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.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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