New York Immigration Attorney: Padilla Claims
The Padilla Precedent
In a 2010 case, Padilla v. Kentucky, Padilla, a lawful permanent resident
of the United States for over 40 years, faced deportation after pleading
guilty to a drug distribution charge. During post conviction proceedings,
Padilla stated that not only had his attorney failed to advise him of
the immigration consequences of such a plea, he had told him it would
not be an issue due to the length of his residency. Padilla protested
that had he been given correct legal advice, he would have chosen to go
to trial rather than enter a guilty plea.
After hearing the facts presented in the Padilla case, the court concluded
that attorneys must advise their clients of risks to their immigration
status in cases involving deportable offenses. The court also stated that
in situations where the immigration consequences of a plea are unclear
per the law, the attorney must advise their client that a deportation
risk may be present. If you are facing potential
criminal deportation and feel your original legal counsel was remiss in their address of your
case, talk to a
New York immigration lawyer about the recourse that may available under a Padilla claim.
We represent individuals throughout Queens, Brooklyn, The Bronx, Manhattan,
Rockland County and Westchester County.
Fighting for Your Justice in Queens and NYC
When you are represented by Musa-Obregon & Associates, you have the
support of a team that genuinely cares about how we can help you. You
also have the advantage of legal counsel that is proficient in both criminal
law and immigration law and how the two interact, allowing us to take
a comprehensive approach to your case. Queens immigration attorney,
Michael Musa-Obregon, is a regularly invited speaker at the Center for New Americans and many
colleges and places of religious worship, addressing audiences and members
on immigration law and rights of immigrants.
Contact a New York immigration attorney
if you feel you have been improperly represented by your previous legal counsel.