Brief filed: 03/13/2014
People v. Roman Baret
New York Court of Appeals; Case No. 2014-283
The advice regarding deportation is critical to an immigrant defendant. The professional standards supporting this duty in New York pre-date the 1996 immigration laws. The rule articulated in Padilla v. Kentucky applies under New York law to remedy Padilla violations pertaining to uninformed pleas entered in New York at least from the passage of AEDPA and IIRIRA in 1996 onward. Fundamental fairness demands that the courthouse doors remain open, at least, to Padilla claims arising from pleas entered after AEDPA and IIRIRA, not merely for those cases that were pending when Padilla was decided or came after Padilla.
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Authors: Manuel D. Vargas and Dawn M. Seibert, Immigrant Defense Project, New York, NY, et al.