High court set to hear Ky. immigration case
October 12, 2009 - 5:07 PM
High court set to hear Ky. immigration case
Last Update: 10:30 am
WASHINGTON (AP) - The Supreme Court is set to hear arguments about whether immigrants must be told by their lawyers that they face deportation if they plead guilty to serious crimes.
The case involves a Honduran national who pleaded guilty in Hardin County to trafficking in marijuana after his lawyer assured him he would not face deportation. Jose Padilla is a Vietnam-era veteran who has lived in the United States for decades, although he never became a U.S. citizen.
Padilla's lawyer was mistaken and the federal government began proceedings to deport Padilla because trafficking is regarded as an "aggravated felony," for which deportation is mandatory.
Padilla later sought to withdraw the plea. The state Supreme Court said criminal lawyers have no duty to advise their clients about immigration issues.
The case set for argument Tuesday morning.
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