Possible Relief from Past Criminal Convictions without Knowledge of Immigration Consequences
Recent Changes in Immigration and Criminal Law
On March 31, 2010 in Padilla v. Kentucky, 130 S.Ct. 1473 (2010), the Supreme Court of the United States declared that criminal lawyers MUST inform their clients of whether their plea will carry a risk of deportation. This is a landmark case for many immigrants and illegal aliens in the United States for the simple reason that an attorney's failure to advise of his or her client's risk of deportation is constitutionally deficient representation and in turn, ineffective assistance of counsel.
Basically, you may be eligible to overturn a criminal conviction based on a plea agreement if you were not advised of the risks of deportation.
We understand clients hire attorneys so they can best represent the client's best interests in criminal proceedings. Further, many clients do not understand the deep-rooted relationship between criminal and immigration law. You probably know of a family, friend, neighbor who plead to a criminal offense and were deported as a result of the criminal plea. Many people rightfully expect their criminal attorney to advise them of the deportation risks. Most likely, a person will not plea to a criminal offense that will make them deportable from the United States. This is especially true for long-time permanent residents who have been in the United States for the majority of their lives. As such, the Supreme Court found that it is a duty of the criminal attorney to warn their clients of deportation risks.
If you are seeking an immigration attorney to assist with overturning your deportable criminal conviction, please call us at 405.600.9910. Free consultation available.
However, there are limitations in overturning a criminal conviction whereby you were not advised of deportation risks. In Chaidez v. United States, 133, S.Ct. 1103 (2013), the Supreme Court declared that the Padilla decision does not apply retroactively to convictions prior to when the Padilla decision was decided on March 31, 2010. As such, the plea agreement must have occurred AFTER the Padilla decision.
You may be eligible to overturn your deportable criminal conviction if the following requirements are met:
- You entered a plea agreement on or after March 31, 2010;
- You were not advised of deportation risks at the time you entered the plea agreement; and
- As a result of your plea agreement, you are in deportation or removal proceedings or already found deportable by an immigration court.
If you meet the requirements above, we may be able to file a post-conviction relief application on your behalf. A post-conviction relief will allow a criminal defendant to collaterally attack a criminal conviction. Please call us at (405) 600-9910 for a free consultation to determine whether you may overturn your deportable criminal conviction.