If Your Client Became A Citizen Around The Time Of The Crime

Law360, New York (June 10, 2016, 2:57 PM EDT) -- Among the collateral consequences facing noncitizen criminal defendants is the threat of post-conviction deportation (now known as "removal"). So serious is that consequence that a defense lawyer is constitutionally deficient in performing her duties if she fails to advise her client that a conviction carries with it a risk of removal. See Padilla v. Kentucky, 559 U.S. 356 (2010). Anyone who has had even cursory exposure to the Immigration and Nationality Act knows that the convictions that would render even a lawful permanent resident (LPR) removable as an aggravated felon are legion. And beyond those aggravated felonies are convictions for offenses that are deemed to be "crimes involving moral turpitude," which are more plentiful and include some misdemeanor offenses. Rack up two of those, and an LPR is removable. The list goes on and on and on. As the U.S. Supreme Court noted in Padilla: "The 'drastic measure' of deportation or removal is now virtually inevitable for a vast number of noncitizens convicted of crimes." Id. at 360....

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