Brief filed: 08/03/2023
Documents
New York v. Martinez
Supreme Court of the State of New York; Case No. 2023-04231
Argument(s)
In Section I of this brief, amici discuss Padilla and this Court’s decisions interpreting and applying Padilla, which conclusively hold that wrong and incomplete advice as to relief eligibility is ineffective assistance of counsel. As such, the record in this case establishes that defense counsel’s performance was ineffective and the County Court was wrong to conclude otherwise. In Section II, amici discuss and attach numerous publicly available legal resources and practice guides, as well as professional trainings given to defense attorneys in New York, all showing that defense counsel are trained to advise about and negotiate to preserve eligibility for relief from removal, both nationally and in New York. By failing to do so in this case, defense counsel’s performance fell below professional norms and objective standards of reasonableness. The County Court was wrong to conclude otherwise, and its decision must be reversed.
Author(s)
Andrew Wachtenheim, Nabilah Siddiquee, Amelia Marritz, Ryan Muennich, Immigrant Defense Project, New York, NY
