07/16/2010
The Pennsylvania Bar Institute just sent around a notice for class on the intersection of criminal law and immigration.The nifty portmanteau word: "Crimmigration."
Of course, if our minders are correct that immigrants, illegal and otherwise, are good, well-meaning people, there would be no need for such a word. But — Ron Unz’s strange article aside — the anecdotal evidence doesn’t support that. Illegal aliens make frequent appearances in the criminal justice system, so much so that taxpayers are now footing the bill for the translation services.
6 Total CLE credits, 1 of which may be applied toward Ethics Course No: 5830 On March 31, 2010, the United States Supreme Court rendered the most significant sixth amendment decision since Gideon v. Wainwright.
In Padilla v. Kentucky, the Court held that the right to effective assistance of counsel includes the duty of counsel to give advice regarding the immigration consequences which flow from criminal dispositions. In holding that the risk of deportation is so intrinsically intertwined with the criminal proceeding as to be considered a penalty, the Court announced a framework that will affect the way in which criminal lawyers must approach the defense of non-citizens for years to come.
This seminar will examine the practical effects of Padilla by working through hypotheticals designed to provide a model for representation of the non-citizen criminal defendant. Topics will include:
Overview of Padilla
What the Court said
What the decision means
Determining "clear consequences" which give rise to "a clear duty to give accurate advice"
What you now need to know
Basics of immigration law for the criminal attorney
Practical guide for representation of non-citizens
Client intake interview addressing detailed social and immigration history
Assessment of client’s immigration objectives in terms of the criminal disposition
Strategies for charge and/or sentence bargaining that will insulate client from removal and/or — pave the way for relief from removal
Role of immigration expert counsel
Liability for failing to give advice or for rendering misadvice
Resources for the criminal lawyer in the world of immigration law
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