Immigration Consequences: A Primer for Texas Criminal Defense Attorneys in Light of Padilla v. Kentucky
Mario K. Castillo
Southern District of Texas, Brownsville Division
May 7, 2011
Baylor Law Review, Vol. 63, No. 3, p. 587, 2011
A non-citizen convicted of violating a Texas state criminal statute is subject to a variety of harsh immigration penalties including deportation from the United States. Multiple variables determine whether a state criminal offense will trigger immigration deportation proceedings. A parallel concern is the impact that a state criminal offense may have on one of the routine offenses prosecuted in federal courts: illegal re-entry in violation of 8 U.S.C. s. 1326. The Supreme Court has made it constitutionally impermissible for a criminal defense attorney to recommend the entry of a guilty plea in the absence of a basic, working knowledge of how that guilty plea will affect the non-citizen's immigration status.
This Article begins by introducing the reader to a survey of typical deportation proceeding invoking offenses (“DPIOs”) established by federal law. Part II illustrates, via examples, how immigration law's adoption of well-known criminal law terms does not necessarily require analogous definitions across both contexts. Part III then provides a brief overview of federal criminal sentencing enhancement law, on which much of immigration law relies, and closes by providing the distinct character that immigration proceedings have from their antecedents in federal criminal sentencing. Part IV apprises the reader of select federal sentencing enhancements especially germane to non-citizens that unlawfully reenter the Nation after having been deported. Finally, an attached appendix charts in detail, offense by offense, the immigration and federal sentencing consequences for select Texas criminal statutes.
Number of Pages in PDF File: 147
Keywords: Padilla v. Kentucky, Immigration Consequences, Texas Offenses, Illegal ReentryAccepted Paper Series
Date posted: May 11, 2011 ; Last revised: January 24, 2012
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