08–651. Argued October 13, 2009 —Decided March 31, 2010 Petitioner Padilla, a lawful permanent resident of the United States for over 40 years, faces deportation after pleading guilty to drug-distribution charges in Kentucky. While once there was only a narrow class of deportable offenses and judges wielded broad discretionary authority to prevent deportation, immigration reforms have expanded the class of deportable offenses and limited judges’ authority to alleviate deportation’s harsh consequences. Syllabus Opinion [Stevens] Concurrence [Alito] Dissent [Scalia] HTML version PDF version: HTML version PDF version: HTML version PDF version: HTML version PDF version (a) Changes to immigration law have dramatically raised the stakes of a noncitizen’s criminal conviction. ELENA KAGAN Solicitor General Counsel of Record LANNY A. BREUER Assistant Attorney General MICHAEL R. … As in this case, a criminal episode may provide the basis for multiple charges, of which only a subset mandate deportation following conviction. No. 08-651, which involved postconviction proceedings arising from a drug distribution prosecution, after which petitioner faced deportation based on his guilty plea and claimed that his counsel failed to advise him of the consequences of the plea, the Supreme Court reversed the state supreme court's denial of postconviction relief, holding that, because counsel must inform a client whether his plea … Counsel who possess the most rudimentary understanding of the deportation consequences of a particular criminal offense may be able to plea bargain creatively with the prosecutor in order to craft a conviction and sentence that reduce the likelihood of deportation, as by avoiding a conviction for an offense that automatically triggers the removal consequence. By bringing deportation consequences into this process, the defense and prosecution may well be able to reach agreements that better satisfy the interests of both parties. GRANTED 2/23/2009 QUESTION PRESENTED: Petitioner, who has lived in this country for nearly 40 years and served in the United States Army, is a legal permanent resident of this country, not a citizen. Argued October 13, 2009—Decided March 31, 2010 Petitioner Padilla, a lawful permanent resident of the United States for over 40 years, faces deportation after pleading guilty to drug-distribution charges in Kentucky. Whether he is entitled to relief depends on whether he has been prejudiced, a matter that we do not address. 253 S. W. 3d 482, reversed and remanded. In Padilla v. Kentucky, No.
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