Law Commons^™

Will Padilla Reach Across The Border?, Rachel E. Rosenbloom

Rachel E. Rosenbloom

In Padilla v. Kentucky, the Supreme Court recognized a noncitizen criminal defendant’s Sixth Amendment right to receive accurate advice regarding the immigration consequences of a guilty plea. This Article argues that although Padilla represents a major step forward, its reach will be uneven. Looking at what Padilla will mean for those who have been deported on the basis of constitutionally defective guilty pleas, the author identifies two factors that may limit the decision’s impact. First, restrictions on state and federal postconviction relief, combined with the logistical and evidentiary complexities inherent in litigating a claim from abroad, will present significant obstacles …