IDP is involved in ensuring that courts apply a meaningful prejudice standard.
440 relief is available after deportation
The New York Court of Appeals held in People v. Peque (2013)…
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.
IDP supports efforts to develop a robust interpretation of counsel’s duty under Padilla.