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United States Leading Case convention rights

Padilla v Kentucky

559 U.S. 356 (2010)
JurisdictionUnited States
CourtUS Supreme Court
Year2010
StatusBinding authority

Summary

The Sixth Amendment requires defense counsel to advise non-citizen clients that a guilty plea may result in deportation.

Key Principle

Sixth Amendment; defense counsel must advise non-citizen clients of deportation consequences of guilty plea

Area of Law

immigration

Related Cases

Minister for Immigration v NZYQ [2023] HCA 37

Executive detention of non-citizens is only lawful where removal is reasonably practicable; indefinite detention where removal is not possible is constitutionally invalid, effectively overruling Al-Kateb.

Minister for Immigration v Vunilagi [2023] HCA 24

HCA considered s 80 Constitution guarantee of trial by jury and the Kable principle as they apply to territory courts and territory criminal proceedings.

Alexander v Minister for Home Affairs (Character Cancellation) [2022] HCA 19

Ministerial discretion to cancel a visa on character grounds must be exercised according to statutory criteria and is subject to judicial review for legal error.

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