Brief of Amici Curiae Criminal and Immigration Law Professors, Capital Area Immigrants’ Rights Coalition, Washington Lawyers’ Committee for Civil Rights and Urban Affairs, and Western Kentucky Refugee Mutual Assistance Society, Inc. In Support of Petitioner

39 Pages Posted: 20 Sep 2011

See all articles by Stephanos Bibas

Stephanos Bibas

University of Pennsylvania Law School

Yolanda Vázquez

University of Cincinnati - College of Law; University of Oxford - Border Criminologies

Date Written: January 1, 2009

Abstract

This is a brief of amici curiae criminal and immigration law professors et al. in support of certiorari petition in Padilla v. Kentucky, 130 S. Ct. 1473 (2010) (08-651). This brief discusses the history, doctrinal, and policy issues involved in the lower federal and state courts’ interpretation of the Sixth Amendment’s guarantee of effective assistance of counsel in relationship to the immigration consequences of a criminal conviction. It also discusses the historical relationship between immigration and criminal law and the impact it has had on noncitizen immigrants that are involved in the criminal justice system. Because of the intertwined relationship that immigration and criminal law have had over the last thirty years, large circuit splits have occurred on this issue. Therefore, in this brief, amici curiae requests that the court grant certiorari on the case in order to resolve the circuit splits and answer the question as to whether there is a duty under the Sixth Amendment to advise as to the immigration consequences of a criminal conviction.

Keywords: Immigration law, constitutional law, criminal law & procedure, Sixth Amendment, effective assistance of counsel, citizenship, mandatory deportation, guilty plea, aggravated felony

Suggested Citation

Bibas, Stephanos and Vázquez, Yolanda, Brief of Amici Curiae Criminal and Immigration Law Professors, Capital Area Immigrants’ Rights Coalition, Washington Lawyers’ Committee for Civil Rights and Urban Affairs, and Western Kentucky Refugee Mutual Assistance Society, Inc. In Support of Petitioner (January 1, 2009). Available at SSRN: https://ssrn.com/abstract=1931011 or http://dx.doi.org/10.2139/ssrn.1931011

Stephanos Bibas

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
215-746-2297 (Phone)

HOME PAGE: http://www.law.upenn.edu/cf/faculty/sbibas/

Yolanda Vázquez (Contact Author)

University of Cincinnati - College of Law ( email )

P.O. Box 210040
Cincinnati, OH 45221-0040
United States

University of Oxford - Border Criminologies ( email )

Manor Road Building
Manor Rd
Oxford, OX1 3UQ
United Kingdom

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