Padilla v. Kentucky
Citation
559 U.S. 356 (2010)
Facts
Jose Padilla, a lawful permanent resident, pleaded guilty to drug charges after his defense counsel failed to advise him — and affirmatively misadvised him — that the plea would result in his mandatory deportation under federal immigration law.
Issue
Whether defense counsel’s failure to advise a non-citizen client of the deportation consequences of a guilty plea constitutes ineffective assistance of counsel under the Sixth Amendment.
Holding
The Court held that counsel rendered deficient performance under Strickland v. Washington by failing to advise Padilla of the clear deportation consequence of his plea.
Rule
Defense counsel has an affirmative duty under the Sixth Amendment to advise non-citizen clients of the deportation consequences of a guilty plea; when the deportation consequence is clear from the statute, failure to so advise is constitutionally deficient performance.