Brief filed: 02/02/2021
Farhane v. United States
2nd Circuit Court of Appeals; Case No. 20-1666
Decision below no. 18-cv-11973, 2020 WL 1527768 (S.D.N.Y. Mar. 31, 2020)
Padilla held that the Sixth Amendment requires defense counsel to advise non-citizen clients of the risk of deportation from a guilty plea. Denaturalization is just as closely tied to the criminal process and at least as severe a punishment as deportation—indeed, the end goal of denaturalization is typically deportation. Counsel therefore also has a Sixth Amendment duty to advise naturalized citizens of the risk of denaturalization and, ultimately, deportation from a guilty plea. Adopting such a rule would be consistent with prevailing norms of professional practice and impose little burden on defense counsel.
Matthew Wasserman & Haran Tae, Law Offices of Joel B. Rudin, P.C., New York, NY; Joel B. Rudin, NACDL, New York, NY; Timothy P. Murphy, NYSACDL, Albany, NY.