| Padilla v. Commonwealth of Kentucky | |
|---|---|
 | |
| Argued October 13, 2009 Decided March 31, 2010 | |
| Full case name | Jose Padilla, Petitioner v. Commonwealth of Kentucky |
| Docket no. | 08-651 |
| Citations | 559 U.S. 356 (more) 130 S. Ct. 1473; 176 L. Ed. 2d 284; 2010 U.S. LEXIS 2928; 78 U.S.L.W. 4235; 22 Fla. L. Weekly Fed. S 211 |
| Case history | |
| Prior | State circuit court denied motion for post-conviction relief; state appeals court reversed; Kentucky Supreme Court reversed, affirming the trial court's denial of Padilla's motion, 253 S.W.3d 482 (Ky. 2008). |
| Subsequent | Remanded to Kentucky courts |
| Holding | |
| The lawyer for an alien, charged with a crime, has a constitutional obligation to tell the client if a guilty plea carries a risk that he will be deported. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Stevens, joined by Kennedy, Ginsburg, Breyer, Sotomayor |
| Concurrence | Alito (in judgment), joined by Roberts |
| Dissent | Scalia, joined by Thomas |
| Laws applied | |
| U.S. Const. amends. VI, XIV | |
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. The case extended the Supreme Court's prior decisions on criminal defendants' Sixth Amendment right to counsel to immigration consequences.
The duties of Counsel recognized in Padilla are broad. After Padilla, if the law is unambiguous, attorneys must advise their criminal clients that deportation will result from a conviction. Also, if the immigration consequences of a conviction are unclear or uncertain, attorneys must advise that deportation "may" result. Finally, attorneys must give their clients some advice about deportation: counsel cannot remain silent about immigration.
After Padilla, there has been significant litigation in the lower courts about whether attorneys are required to advise their criminal clients about other consequences of convictions.