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Post-Conviction Relief in California Should Be Unaffected by Chaidez v. United States

In Chaidez v. United State s, 568 U.S. _____, ____S.Ct.____, 2013 WL 610201, (February 20, 2013) the U.S. Supreme Court held that Padilla v. Kentucky , 559 U.S. 356 (2010) was a “new rule” that did not apply retroactively to convictions final before March 31, 2010. In Padilla , the Supreme Court held that the Sixth Amendment requires criminal defense counsel to advise a noncitizen about the immigration consequences of a guilty plea.

Immigrant Legal Resource Center Practice advisory Mar 12, 2013 Direct PDF available

Why it matters

Useful as a practitioner-oriented overview from Immigrant Legal Resource Center on Crimes; review the source material for the most current authority and procedure.

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Crimes and categorical approach

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Crim-imm screening

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Cross-forum

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National