Case Brief: Padilla V. Kentucky
Final Exam Case Brief
Padilla v. Kentucky The question here is whether or not the petitioner, Jose Padilla, will be deported on account that he had plead guilty to a crime but allegedly had his sixth amendment right violated. There are multiply issues here. The first issue here is Padilla plead guilty to a drug offense that took place in the United States. The second issue is he claims his counsel did not inform him about the consequences of his plea bargain and he was misinformed about the possibility of deportation. The third is he states his decision would have been different if his counsel would have been verbally clear about the risk of his plea bargain. The short answer to the question is yes. Yes, Padilla will be deported back to his home country of Honduras.
Under the immigration law, if an alien at any time after admission into the United States is convicted of a violation pertaining to a drug offense, in or outside the United States, he/she is deportable. Here, Padilla has been a lawful permanent resident of the United States for over 40 years. Here, he committed the criminal offense inside of the United States. Here, he plead guilty to drug-distribution. Though it is clear that Padilla’s conviction makes him deportable, one issuing factor interfered …show more content…
B. (2010). Immigration and Nationality Law Cases and Materials (4th ed.). Durham, NC: Carolina Academic Press.
Immigration Nationality Act (INA) Code Book
INA § 237(a)(2)(B)(i), 8 U.S.C. § 1227 (a)(2)(B)(i)
PADILLA v. KENTUCKY (No. 08-651) 253 S. W. 3d 482, Reversed and Remanded.
SUPREME COURT OF THE UNITED STATES PADILLA v. KENTUCKY CERTIORARI TO THE SUPREME COURT OF KENTUCKY. Retrieved May 11, 2016, from https://www.law.cornell.edu/supct/html/08-651.ZS.html
SUPREME COURT OF THE UNITED STATES JOSE PADILLA, PETITIONER v. KENTUCKY ON WRIT OF CERTIORARI TO THE SUPREME COURT OF KENTUCKY. Retrieved May 12, 2016, from
Padilla v. Kentucky The question here is whether or not the petitioner, Jose Padilla, will be deported on account that he had plead guilty to a crime but allegedly had his sixth amendment right violated. There are multiply issues here. The first issue here is Padilla plead guilty to a drug offense that took place in the United States. The second issue is he claims his counsel did not inform him about the consequences of his plea bargain and he was misinformed about the possibility of deportation. The third is he states his decision would have been different if his counsel would have been verbally clear about the risk of his plea bargain. The short answer to the question is yes. Yes, Padilla will be deported back to his home country of Honduras.
Under the immigration law, if an alien at any time after admission into the United States is convicted of a violation pertaining to a drug offense, in or outside the United States, he/she is deportable. Here, Padilla has been a lawful permanent resident of the United States for over 40 years. Here, he committed the criminal offense inside of the United States. Here, he plead guilty to drug-distribution. Though it is clear that Padilla’s conviction makes him deportable, one issuing factor interfered …show more content…
B. (2010). Immigration and Nationality Law Cases and Materials (4th ed.). Durham, NC: Carolina Academic Press.
Immigration Nationality Act (INA) Code Book
INA § 237(a)(2)(B)(i), 8 U.S.C. § 1227 (a)(2)(B)(i)
PADILLA v. KENTUCKY (No. 08-651) 253 S. W. 3d 482, Reversed and Remanded.
SUPREME COURT OF THE UNITED STATES PADILLA v. KENTUCKY CERTIORARI TO THE SUPREME COURT OF KENTUCKY. Retrieved May 11, 2016, from https://www.law.cornell.edu/supct/html/08-651.ZS.html
SUPREME COURT OF THE UNITED STATES JOSE PADILLA, PETITIONER v. KENTUCKY ON WRIT OF CERTIORARI TO THE SUPREME COURT OF KENTUCKY. Retrieved May 12, 2016, from