Important Cases
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Padilla v. Kentucky, 130 S. Ct. 1473 (2010) - holding that criminal defense attorneys are required under the Sixth Amendment to advise noncitizen clients of the immigration consequences of their guilty pleas. Failure to do so is ineffective assistance of counsel. Amicus brief filed by NACDL, NLADA, et al. (inc. CPCS Immigration Impact Unit)
Commonwealth v. Clarke, 460 Mass. 30 (2011) - interpreting the U.S. Supreme Court decision in Padilla v. Kentucky, addressing issues of retroactivity and prejudice in ineffective assistance of counsel claims.
Chaidez v. United States, 655 F.3d 684 (7th Cir. 2011), petition for cert. filed, (no. 11-820) U.S. Supreme Court cert petition http://www.scotusblog.com/case-files/chaidez-v-united-states/
Commonwealth v. Grannum, 457 Mass. 128 (2010) - explaining what a defendant must show in order to prevail on a motion to vacate based on a failure to receive the judicial immigration warnings required under M.G.L 278 §29D. Amicus brief filed by CPCS Immigration Impact Unit et al.
Berhe v. Gonzales, 464 F.3d 74 (1st Cir. 2006) - determining when Massachusetts controlled substance offenses constitute aggravated felonies and finding that a state misdemeanor drug offense can amount to an ‘aggravated felony’ if that offense would have been a felony had it been charged under the federal drug laws. Amicus brief filed by CPCS et al.
Carachuri-Rosendo v. Holder, 130 S. Ct. 2577 (2010) - finding that a second conviction for drug possession, where the defendant is not tried or sentenced as a subsequent offender, does not qualify as a drug trafficking crime and thus is not an aggravated felony.
Commonwealth v. Bautista, 459 Mass. 306 (2011) - holding that a defendant who, upon posting bail, was transferred into immigration custody and was thereafter unable to appear in criminal court, forfeited his bail.
Commonwealth v. Bader Al Saud, 459 Mass. 221 (2011) - finding that a non-citizen who is deported or voluntarily leaves the U.S. while still under an order of probation and who fails to comply with certain probation conditions, can be found in violation of probation and a default warrant may issue.
CASE NOTES
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