Amicus Brief on Incorrect legal advice given to a non-citizen defendant regarding immigration consequences
At the request of the Criminal Justice Section’s Amicus Committee, The American Bar Association filed an amicus brief in Lee v. United States, 16-327. This case involved a lawful permanent resident who was given incorrect legal advice as to immigration consequences whilst facing criminal prosecution, as the charges he plead guilty to would result in mandatory and permanent deportation. On appeal, the government conceded that the attorney’s representation was ineffective and fell below prevailing professional norms. The issue before the Supreme Court is whether a defendant is prejudiced by bad advice, and whether it is irrational for an immigrant to risk trial with the hopes of avoiding deportation. The amicus brief, drafted by McDermott Will & Emery, focused heavily on CJS resolutions drafted in the aftermath of Padilla v. Kentucky, as well as the new Prosecution and Defense Function Standards that address immigration considerations.
Recent ABA amicus briefs initiated or supported by the Criminal Justice Section are listed below. For descriptions of these briefs, click here http://www.americanbar.org/groups/criminal_justice/policy/amicus_briefs.html
For copies of the individual briefs, click on the individual listings.
Halbert v. Michigan
House v. Bell
Virginia v. Moore
Woodford v. Ngo