LexisNexis released an update on Padilla v. Kentucky, 130 S. Ct. 1473 (2010), that I wrote identifying a number of the major issues facing lower courts tasked with applying this important decision. César Cuauhtémoc García Hernández, Major Issues the Courts Have Been Dealing with Since Padilla v. Kentucky, 2011 Emerging Issues 5882 (Sept. 8, 2011). This seven-page article appeared as part of LexisNexis’ Emerging Issues Analysis series.
As I explain in the article’s introduction, “This article highlights some of the major Padilla-related issues making their way through the courts eighteen months after the Supreme Court’s decision. Specifically, Part I addresses whether courts are applying Padilla to convictions that became final prior to the date it was issued. Part II discusses the critical question of finding an available procedural mechanism through which to raise a Padilla claim. Lastly, Part III touches on judicial decisions categorizing certain criminal convictions as either clearly resulting in removal or as having immigration consequences that are unclear.”
Frequent crImmigration.com readers know that I have been tracking Padilla closely and have published one academic article focusing on how state courts have dealt with the decision (When State Courts Meet Padilla, published in the Loyola Journal of Public Interest Law, which was recently cited by the Iowa Court of Appeals). Another Padilla-related article (tentatively titled Criminal Defense After Padilla) will appear in a forthcoming issue of the Georgetown Immigration Law Journal.
Note to subscribers: This was inadvertently published earlier.