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US Supreme Court Weighs Expanded Warnings On Deportation Risk

Publication Date: 
November 01, 2012
Source: 
Reuters
Author: 
Jonathan Stempel

Jeff Fisher, co-director of the Supreme Court Litigation Clinic, argued before the Supreme Court on behalf of Roselva Chaidez in Chaidez v. United States which raises the issue of the retroactive application of Padilla v. Kentucky.

With the future of thousands of immigrants at stake, the U.S. Supreme Court on Thursday considered whether to extend a rule that requires lawyers to tell clients who are not citizens that they can be deported if they plead guilty to crimes.

A decision could prove significant to non-citizens who had ineffective counsel before March 2010, when the court, in Padilla v. Kentucky, said immigrants deserve to be told at least some consequences of guilty pleas.

...

Jeffrey Fisher, a Stanford Law School professor arguing Chaidez's appeal, told the Supreme Court that Padilla merely confirmed a longstanding rule that criminal defendants deserved reasonably effective counsel who could provide advice.

But Justice Antonin Scalia suggested that Fisher's argument was too sweeping because all decisions draw on earlier law. "We always cite some preexisting principle," he said.