Farhane v. United States

Brief for Amici Curiae National Association of Criminal Defense Lawyers and Federal Defenders of New York, Inc., in Support of Appellant’s Petition for Rehearing en Banc

Brief filed: 10/24/2023

Documents

Farhane v. United States

2nd Circuit Court of Appeals; Case No. 20-1666

Prior Decision

Decision below Farhane v. United States, 77 F.4th 123 (2d Cir. 2023)

Argument(s)

The Sixth Amendment requires defense counsel to advise clients about all kinds of reasonably foreseeable immigration consequences, including the risk of denaturalization (followed by deportation) for naturalized citizens like the petitioner who plead guilty to pre-naturalization conduct. Contrary to the panel’s opinion, denaturalization is not a “collateral consequence,” outside of the Sixth Amendment’s ambit. The Supreme Court’s holding in Padilla v. Kentucky, 559 U.S. 356 (2010), that the direct-collateral distinction is “ill suited” to deportation, as deportation is a severe and automatic consequence of a criminal conviction, applies equally to other kinds of immigration consequences—such as inadmissibility, eligibility for naturalization, and denaturalization. Because of their “close connection to the criminal process,” immigration consequences should never be classified as “collateral.” 

Author(s)

Matthew A. Wasserman and Joel B. Rudin, NACDL, New York, NY; S. Isaac Wheeler, Federal Defenders of New York, Inc, New York, NY.

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    /Nacdl/media/image_library/StayInformed/Champion/ChampionCovers/March-April-2025.jpg?ext=.jpg

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    /Nacdl/media/image_library/Elements/global/amicus.png

    Jenner & Block LLP v. U.S. Department of Justice

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release
    /Nacdl/media/image_library/Elements/global/newsrelease.png

    News Release ~ Law Enforcement Executive Order

    NACDL Warns Executive Order's Dangerous Overreach Undermines Community Safety and Trust in Police – Washington, DC (April 29, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expressed deep concern regarding the Executive Order titled "Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens," cautioning that several of its proposals represent a dangerous overreach that undermines these goals by jeopardizing individual rights and the legitimacy of law enforcement in the eyes of the community.

  4. Event
    /Nacdl/media/image_library/Learn/nacdlcleinstitute/2025_Post-Dobbs_Trial_Tactics_2025-02-26_v02_Event-Listing_2.jpg?ext=.jpg

    Trial Tactics for Pregnancy-Related Cases: Skills for Every Defender

    LOCATION: The University of Texas School of Law, Austin, TX
    DATE: May 16-17, 2025
    COST: FREE (registration is required)
    CLE Credit: Up to 14.5 credits 

  5. Webinar
    /assets/img/nacdl_og.png

    Collaborative Approaches to Appellate Defense: Recognizing Clients' Legal Expertise

    WHEN: Thursday, May 8, 3:00-4:30pm ET / 12:00-1:30pm PT
    CLE CREDIT: not available
    COST: Free

Featured Products