Padilla v. Kentucky
176 L. Ed. 2d 284 · Supreme Court of the United States · 2010
Facts
Jose Padilla, a lawful permanent resident of the United States for over 40 years and a Vietnam War veteran, pleaded guilty to transporting a large amount of marijuana in Kentucky. Prior to his plea, his counsel failed to advise him of the deportation consequences and instead told him he "did not have to worry about immigration status since he had been in the country so long." Padilla relied on this erroneous advice when entering his guilty plea, which made his deportation virtually mandatory. He alleges he would have insisted on going to trial if he had received correct advice from his attorney.
Procedural history
In a postconviction proceeding, Padilla claimed ineffective assistance of counsel. The Supreme Court of Kentucky denied him relief, holding that the Sixth Amendment does not protect against erroneous advice about deportation because it is a "collateral" consequence. The U.S. Supreme Court granted certiorari to decide whether counsel had an obligation to advise Padilla about deportation. The Court reversed the Kentucky Supreme Court's judgment and remanded the case for further proceedings.
Issue
Does the Sixth Amendment's guarantee of effective assistance of counsel require a criminal defense attorney to advise a noncitizen client about the deportation consequences of a guilty plea?
Holding
Yes, constitutionally competent counsel must inform a noncitizen client whether their guilty plea carries a risk of deportation. The Court reversed the judgment of the Supreme Court of Kentucky and remanded the case.
Rule
The Sixth Amendment right to effective assistance of counsel, as established in Strickland v. Washington, applies to advice regarding guilty pleas. Deportation is considered an integral and severe part of the penalty for noncitizen defendants, making the direct/collateral consequences distinction inappropriate for evaluating counsel's duty. Prevailing professional norms require counsel to advise clients about deportation risks. When the deportation consequence of a plea is clear and explicit, counsel has a duty to give correct advice; when unclear, counsel must advise that charges may carry a risk of adverse immigration consequences. This duty applies to both affirmative misadvice and omissions.
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