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Padilla v. Kentucky

United States Supreme Court

559 U.S. 356 (2010)

Relevant factsFree

Padilla (plaintiff), a 40-year permanent U.S. resident, pled guilty to a Kentucky marijuana offense after his attorney wrongly told him not to worry about immigration status given his long residence, when the conviction actually triggered mandatory deportation under federal law; the Kentucky Supreme Court rejected his ineffective-assistance claim, reasoning deportation was merely a collateral consequence outside the Sixth Amendment's scope, and Padilla appealed.

IssueFree

Whether the Sixth Amendment's guarantee of effective assistance of counsel requires an attorney to provide accurate advice about the deportation consequences of a noncitizen defendant's guilty plea.

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