Comments to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding a proposed amendment to Rule 11 of the Federal Rules of Criminal Procedure.

Brief of the National Association of Criminal Defense Lawyers, National Association for Public Defense, Immigrant Defense Project, Immigrant Legal Resource Center, and National Immigration Project of the National Lawyers Guild as Amici Curiae in Support of the Petitioner-Appellant.

Argument: The lower court erred in holding that defense counsel need only advise noncitizen clients of possible deportation when deportation is in fact virtually certain. The lower court disregarded the holding of Padilla v. Kentucky. Counsel must give a strong warning of virtual certain deportation even if relief in immigration court is potentially available. Ample attorney resources make it easy to provide accurate advice of clear immigration consequences. Noncitizen defendants who fail to receive clear and accurate advice about the true likelihood of deportation can establish prejudice, notwithstanding notice of possible deportation. Because judicial warnings about immigration consequences of a plea differ categorically from advisals by defense counsel, they do not purge prejudice. Equivocal information about the risk of deportation does not cure prejudice when deportation is practically inevitable.

Brief for Amici Curiae the New York State Defenders Association, Inc., New York State Association of Criminal Defense Lawyers, National Association of Criminal Defense Lawyers et al., including Immigrant Defense Project (complete list of amici is available in appendix to brief linked above).

Argument: 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.

Proposed Amici Curiae Brief by the Lawyers' Committee for Civil Rights, California Attorneys for Criminal Justice, the National Association of Criminal Defense Lawyers, et al., in Support of Petitioner Ron Douglas Patterson.

Argument: Defense counsel in California have long understood and accepted their constitutional obligation to advise noncitizen clients that they face mandatory deportation upon conviction. Defense counsel in California have long understood and accepted their duty to defend against adverse immigration consequences. Counsel's obligations are well documented in relevant guidelines and publications, and counsel have access to an array of resources to assist them in fulfilling this duty.

Collateral Consequences of Criminal Convictions: Law, Policy and Practice Offers Roadmap to the Restoration of Rights After Conviction -- Washington, DC (February 21, 2013) – The National Association of Criminal Defense Lawyers’ NACDL Press and Thomson Reuters Westlaw today announce the release of the second book of their joint publishing venture, Collateral Consequences of Criminal Convictions: Law, Policy and Practice by Margaret Colgate Love, Jenny Roberts, and Cecelia Klingele.