Background
IDP engages in strategic litigation before both federal and New York State courts to ensure full and fair proceedings for noncitizen defendants facing criminal charges. Since its inception, IDP has worked to establish all immigrants’ constitutional rights before the criminal courts, including the right to effective assistance of counsel and the right to appeal convictions. IDP continues to build on this work by providing technical assistance and litigation support to criminal defense and post-conviction relief lawyers.
Practice Advisories
- Jae Lee v. U.S.: Establishing Prejudice under Padilla v. Kentucky (by IDP and NIP-NLG)
- Seeking Post-Conviction Relief Under Padilla v. Kentucky After Chaidez v. U.S. (by the Defending Immigrants Partnership)
Amicus Briefs
- Farhane v. United States, 77 F.4th 123 (2d Cir. 2023): Brief of IDP in Support of Petitioner-Appellant’s Petition for Rehearing En Banc
- Jae Lee v. United States, 137 S. Ct. 1958 (2017): Brief of IDP, ILRC, and the NIP-NLG in Support of Petitioner (Amicus counsel Jenny Roberts and Kurzban Kurzban Weinger Tetzeli & Pratt, P.A.)
- People v. Ventura, 17 N.Y.3d 675 (N.Y. 2011): Brief of IDP and Post-Deportation Human Rights Project in Support of Defendants-Appellants (Amicus counsel IDP)
- Padilla v. Kentucky, 559 U.S. 356 (2010): Brief of IDP, criminal defense lawyers, and immigration advocacy and service organizations in Support of Petitioner (Amicus counsel Jenner & Block LLP, IDP, NACDL, and NLADA)