Thread: 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.

http://www.local12.com/news/state/story ... spx?rss=31

The Lexington, KY newpaper's article contains several interesting comments in support of the ILLEGAL although it seems to be about 50/50 Pro-ILLEGAL and Pro-Citizen.

Monday, Oct. 12, 2009Comments (11) | Recommend (0)
High court set to hear Ky. immigration case
The Associated Press WASHINGTON -- 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.

http://www.kentucky.com/latest_news/sto ... &pageNum=1

I think it's wrong for a criminal defense attorney to be expected to warn illegal immigrants about immigration laws. It's not their expertise.

The criminals should hire an immigration attorney.

Dixie