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New York State Court of Appeals finds Padilla Not Retroactive

On June 30, 2014, in People v. Baret, the New York State Court of Appeals held that Padilla does not apply retroactively in N.Y. State, thereby elevating “sterile legal doctrine” over humanity and justice, according to Chief Judge Lippman. IDP has responded with an advisory detailing strategies to achieve post-conviction relief after Baret. Although this decision may insulate many unjust pre-Padilla convictions from collateral attack, guilty pleas entered in ignorance of the consequence of deportation are unlawful and unjust, no matter the date. Immigrants will continue to fight to vacate these convictions, and IDP is deeply committed to supporting immigrants and their attorneys in those efforts. Despite this setback, la lucha sigue!!

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