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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 Law PC, 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.

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