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Padilla v. Commonwealth of Kentucky , 559 U.S. 356 (2010), is a case in which the United States Supreme Court decided that criminal defense attorneys must advise noncitizen clients about the deportation risks of a guilty plea .
José Padilla Sr. (1888–1945), Filipino politician and actor; José Padilla Jr. (1911–1978), Filipino actor & boxer; José Padilla (born 1950), U.S.-resident Honduran in the Padilla v. Kentucky case; José Padilla (DJ) (1955–2020), Spanish DJ; José Padilla (criminal) (born 1970), United States citizen convicted of aiding terrorists
Padilla (surname) Padilla v. Kentucky, a United States Supreme Court case pertaining to the immigration consequences faced by lawful permanent residents who are convicted of crimes, and their rights to be warned of those consequences
Rulings regarding deportation were superseded by Padilla v. Kentucky in 2010. "... counsel must inform her client whether his plea carries a risk of deportation." The United States Supreme Court held that the collateral consequence of deportation was a consequence of such great importance that failure by counsel to advise the defendant of ...
Padilla's lawyer is a proper "next friend" to sign and file the habeas corpus petition on Padilla's behalf because she, as a member of the bar, had a professional duty to defend her client's interests. Further, she had a significant attorney-client relationship with Padilla and was far from being some zealous "intruder" or "uninvited meddler ...
The Supreme Court recognized the last in Padilla v. Kentucky , when it reversed the conviction of a defendant who had been incorrectly advised by this lawyer that a guilty plea would have no immigration consequences (instead, he was slated for deportation).
In Padilla v. Kentucky (2010), the Court held that counsel's failure to inform an alien pleading guilty of the risk of deportation fell below the objective standard of the performance prong of Strickland and permitted an alien who would not have pleaded guilty but for such failure to withdraw his guilty plea. [135]
Constitutional law of the United States; Overview; Articles; Amendments; History; Judicial review; Principles; Separation of powers; Individual rights; Rule of law