Chaidez v. United States,

Amicus curiae brief of the National Association of Criminal Defense Lawyers, National Immigration Project of the National Lawyers Guild, Immigrant Legal Resource Center and Immigrant Defense Project in support the of the petition for writ of certiorari. 

Brief filed: 01/30/2012


Chaidez v. United States,

United States Supreme Court; Case No. 11-820

Prior Decision

Decision below, 655 F.3d 684 (7th Cir. 2011).

Question Presented

In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), this Court held that criminal defendants receive ineffective assistance of counsel under the Sixth Amendment when their attorneys fail to advise them that pleading guilty to an offense will subject them to deportation. The question presented is whether Padilla applies to persons whose convictions became final before its announcement. 


The question is exceptionally important because of the deepening conflict over the retroactivity of Padilla v. Kentucky imposes severe consequences on countless non-citizens and causes confusion in the enforcement of federal immigration law.

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Jeffrey S. Trachtman, et al., Kramer Levin Naftalis & Frankel LLP, New York, NY.