Padilla Post-Conviction Relief

Direct Appeals for Immigrant Clients

The New York Court of Appeals held in People v. Peque (2013) that a trial court has a duty under the due process clause to notify an immigrant defendant entering a felony plea that he may be subject to deportation as a result.  IDP’s amicus brief argued that because deportation had become virtually automatic upon conviction of a wide range of NY offenses, the … Read more »

Pleas Entered Prior to Padilla

Padilla applies in cases where judgment was entered on or after March 2009. IDP’s position is that guilty pleas entered in ignorance of the consequence of deportation are unlawful and unjust, no matter the date. Read more »