PHAM & CLOVES, PLLC

PADILLA Vs. KENTUCKY

The Supreme Court held today, March 31, 2010, that a criminal defense attorney must advise an immigrant criminal defendant the immigration consequences of the guilty plea. This is a corner stone to vacate previous convictions whereby noncitizen defendants plead guilty to a crime and are now facing or will be facing deportation. Please contact the Houston Immigration Lawyers at Pham & Cloves, PLLC at 713-492-0337 today for assistance in filing motions to vacate criminal convictions based on their lawyer’s ineffective of counsel.

In Padilla v. Kentucky, the U.S. Supreme Court held that criminal defense lawyers must advise their noncitizen clients about the risk of deportation if they accept a guilty plea. The Supreme Court held that current immigration laws impose harsh and mandatory deportation consequences onto criminal convictions, and that Congress eliminated from these laws the Attorney General’s discretionary authority to cancel removal in meritorious cases. The held that, “These changes to our immigration law have dramatically raised the stakes of a noncitizen’s criminal conviction. The importance of accurate legal advice for noncitizens accused of crimes has never been more important.”

For all questions related to immigration consequences based on criminal convictions, please contact the Houston Immigration lawyers and the Houston Deportation Attorneys at Pham & Cloves, PLLC at 713-492-0337.