Padilla post-conviction relief

Court of Appeals to Hear Arguments on Padilla Retroactivity on May 1st

IDP filed an amici brief in People v. Baret, asserting that the New York criminal defense bar’s diligent response to the draconian immigration laws passed in 1996 supports Padilla retroactivity as a matter of state law. 440 litigants may find the brief useful for its compilation of resources – trainings, publications, hotline support – available to support defense attorneys in … Read more »

NY Defendants Can Seek to Vacate Convictions Post-Deportation

On May 16, the First Appellate Dept. ruled in People v. Antonio Badia that it was improper to dismiss Antonio Badia’s 440 motion because the defendant had been deported. IDP, along with the Post-Deportation Human Rights Project, filed an amici brief arguing that defendants should be allowed to litigate post-conviction relief cases after deportation. The trial court had refused to look at the merits … Read more »

Post-Conviction Relief Litigation Post-Chaidez: Now What?

The Defending Immigrants Partnership has published a Chaidez advisory detailing the claims for post-conviction relief that can still be asserted by immigrants who were not properly advised regarding the immigration consequences of a pre-Padilla criminal case. Chaidez is not the end of the story for these cases, and there are ways to fight dismissal of Padilla claims for convictions that … Read more »

Padilla Post-Conviction Relief Updates

Check out IDP’s Padilla Post-Conviction Relief page for the latest news on Padilla retroactivity –  Chaidez, Baret, and more!  Also, IDP is working to make post-conviction relief accessible to deported defendants –  for the latest arguments, go to the Post-Deportation Vacatur section on the Padilla PCR page. Post-Conviction Relief Resources Post-Conviction Relief State Summary Chart (10/21/2020) Prejudice Issues (last updated 2/8/2017) Access … Read more »