padilla
kentucky
argued
october
decided
march
petitioner
padilla
lawful
permanent
resident
years
faces
deportation
pleading
guilty
charges
kentucky
postconviction
proceedings
claims
counsel
failed
advise
consequence
entered
plea
also
told
worry
deportation
since
lived
country
long
alleges
gone
trial
received
incorrect
advice
kentucky
denied
padilla
postconviction
relief
ground
sixth
amendment
guarantee
protect
defendants
erroneous
deportation
advice
deportation
merely
collateral
consequence
conviction
held
counsel
must
inform
client
whether
plea
carries
risk
deportation
padilla
sufficiently
alleged
counsel
constitutionally
deficient
whether
entitled
relief
depends
whether
prejudiced
matter
addressed
pp
changes
immigration
law
dramatically
raised
stakes
noncitizen
criminal
conviction
narrow
class
deportable
offenses
judges
wielded
broad
discretionary
authority
prevent
deportation
immigration
reforms
expanded
class
deportable
offenses
limited
judges
authority
alleviate
deportation
harsh
consequences
drastic
measure
deportation
removal
virtually
inevitable
vast
number
noncitizens
convicted
crimes
importance
accurate
legal
advice
noncitizens
accused
crimes
never
important
thus
matter
federal
law
deportation
integral
part
penalty
may
imposed
noncitizen
defendants
plead
guilty
specified
crimes
pp
strickland
washington
applies
padilla
claim
deciding
whether
plead
guilty
defendant
entitled
effective
assistance
competent
counsel
mcmann
richardson
kentucky
rejected
padilla
ineffectiveness
claim
ground
advice
sought
deportation
concerned
collateral
matters
however
never
distinguished
direct
collateral
consequences
defining
scope
constitutionally
reasonable
professional
assistance
required
strickland
question
whether
distinction
appropriate
need
considered
case
unique
nature
deportation
although
removal
proceedings
civil
deportation
intimately
related
criminal
process
makes
uniquely
difficult
classify
either
direct
collateral
consequence
distinction
thus
evaluating
strickland
claim
concerning
specific
risk
deportation
advice
regarding
deportation
categorically
removed
ambit
sixth
amendment
right
counsel
pp
satisfy
strickland
inquiry
counsel
representation
must
fall
objective
standard
reasonableness
must
reasonable
probability
counsel
unprofessional
errors
result
proceeding
different
first
constitutional
deficiency
necessarily
linked
legal
community
practice
expectations
weight
prevailing
professional
norms
supports
view
counsel
must
advise
client
regarding
deportation
risk
recognized
importance
client
reserving
right
remain
preserving
possibility
discretionary
relief
deportation
ins
cyr
thus
hard
case
find
deficiency
consequences
padilla
plea
easily
determined
reading
removal
statute
deportation
presumptively
mandatory
counsel
advice
incorrect
however
undoubtedly
numerous
situations
deportation
consequences
plea
unclear
cases
criminal
defense
attorney
need
advise
noncitizen
client
pending
criminal
charges
may
carry
adverse
immigration
consequences
deportation
consequence
truly
clear
duty
give
correct
advice
equally
clear
accepting
padilla
allegations
true
sufficiently
alleged
constitutional
deficiency
satisfy
strickland
first
prong
whether
satisfy
second
prong
prejudice
left
kentucky
courts
consider
first
instance
pp
solicitor
general
proposed
rule
strickland
applied
padilla
claim
extent
alleged
affirmative
misadvice
unpersuasive
though
must
careful
recognizing
new
grounds
attacking
validity
guilty
pleas
years
since
strickland
first
applied
claims
plea
stage
shown
pleas
less
frequently
subject
collateral
challenges
convictions
trial
also
informed
consideration
possible
deportation
benefit
state
noncitizen
defendants
may
able
reach
agreements
better
satisfy
interests
parties
decision
open
floodgates
challenges
convictions
obtained
plea
bargains
cf
hill
lockhart
pp
reversed
remanded
stevens
delivered
opinion
kennedy
ginsburg
breyer
sotomayor
joined
alito
filed
opinion
concurring
judgment
roberts
joined
scalia
filed
dissenting
opinion
thomas
joined
jose
padilla
petitioner
kentucky
writ
certiorari
kentucky
march
justice
stevens
delivered
opinion
petitioner
jose
padilla
native
honduras
lawful
permanent
resident
years
padilla
served
nation
honor
member
armed
forces
vietnam
war
faces
deportation
pleading
guilty
transportation
large
amount
marijuana
commonwealth
postconviction
proceeding
padilla
claims
counsel
failed
advise
consequence
prior
entering
plea
also
told
worry
immigration
status
since
country
long
padilla
relied
counsel
erroneous
advice
pleaded
guilty
drug
charges
made
deportation
virtually
mandatory
alleges
insisted
going
trial
received
incorrect
advice
attorney
assuming
truth
allegations
kentucky
denied
padilla
postconviction
relief
without
benefit
evidentiary
hearing
held
sixth
amendment
guarantee
effective
assistance
counsel
protect
criminal
defendant
erroneous
advice
deportation
merely
collateral
consequence
conviction
view
neither
counsel
failure
advise
petitioner
possibility
removal
counsel
incorrect
advice
provide
basis
relief
granted
certiorari
decide
whether
matter
federal
law
padilla
counsel
obligation
advise
offense
pleading
guilty
result
removal
country
agree
padilla
constitutionally
competent
counsel
advised
conviction
drug
distribution
made
subject
automatic
deportation
whether
entitled
relief
depends
whether
prejudiced
matter
address
landscape
federal
immigration
law
changed
dramatically
last
years
narrow
class
deportable
offenses
judges
wielded
broad
discretionary
authority
prevent
deportation
immigration
reforms
time
expanded
class
deportable
offenses
limited
authority
judges
alleviate
harsh
consequences
deportation
drastic
measure
deportation
removal
fong
haw
tan
phelan
virtually
inevitable
vast
number
noncitizens
convicted
crimes
nation
first
years
period
unimpeded
immigration
gordon
rosenfield
immigration
law
procedure
early
effort
empower
president
order
deportation
immigrants
judge
dangerous
peace
safety
act
june
ch
stat
short
lived
unpopular
gordon
congress
first
passed
statute
barring
convicts
prostitutes
entering
country
act
mar
ch
stat
gordon
congress
added
list
excludable
persons
convicted
felony
infamous
crime
misdemeanor
involving
moral
turpitude
act
mar
ch
stat
immigration
nationality
act
act
brought
radical
changes
law
pp
first
time
history
congress
made
classes
noncitizens
deportable
based
conduct
committed
american
soil
section
act
authorized
deportation
alien
hereafter
sentenced
imprisonment
term
one
year
conviction
country
crime
involving
moral
turpitude
committed
within
five
years
entry
alien
stat
also
rendered
deportable
noncitizen
recidivists
commit
two
crimes
moral
turpitude
time
entry
ibid
congress
however
define
term
moral
turpitude
act
radical
authorized
deportation
consequence
certain
convictions
act
also
included
critically
important
procedural
protection
minimize
risk
unjust
deportation
time
sentencing
within
days
thereafter
sentencing
judge
state
federal
prosecutions
power
make
recommendation
alien
shall
deported
procedure
known
judicial
recommendation
deportation
jrad
effect
binding
executive
prevent
deportation
statute
consistently
interpreted
giving
sentencing
judge
conclusive
authority
decide
whether
particular
conviction
disregarded
basis
deportation
janvier
thus
forward
creature
automatically
deportable
offense
even
class
deportable
offenses
expanded
judges
retained
discretion
ameliorate
unjust
results
basis
although
narcotics
offenses
offense
issue
case
provided
distinct
basis
deportation
early
jrad
procedure
generally
available
avoid
deportation
narcotics
convictions
see
except
technical
inadvertent
insignificant
violations
laws
relating
narcotics
appears
courts
treated
narcotics
offenses
crimes
involving
moral
turpitude
purposes
act
broad
jrad
provision
see
ibid
recognizing
jrad
narcotics
case
effective
prevent
deportation
citing
dang
nam
bryan
light
steady
expansion
deportable
offenses
significant
ameliorative
effect
jrad
unsurprising
wake
strickland
washington
second
circuit
held
sixth
amendment
right
effective
assistance
counsel
applies
jrad
request
lack
thereof
see
janvier
see
also
castro
view
seeking
jrad
part
sentencing
process
janvier
even
deportation
civil
action
second
circuit
reasoning
impact
conviction
noncitizen
ability
remain
country
central
issue
resolved
sentencing
process
merely
collateral
matter
outside
scope
counsel
duty
provide
effective
representation
however
jrad
procedure
longer
part
law
congress
first
circumscribed
jrad
provision
immigration
nationality
act
ina
congress
entirely
eliminated
stat
congress
also
eliminated
attorney
general
authority
grant
discretionary
relief
deportation
stat
authority
exercised
prevent
deportation
noncitizens
period
prior
ins
cyr
contemporary
law
noncitizen
committed
removable
offense
effective
date
amendments
removal
practically
inevitable
possible
exercise
limited
remnants
equitable
discretion
vested
attorney
general
cancel
removal
noncitizens
convicted
particular
classes
see
subject
limited
exceptions
discretionary
relief
available
offense
related
trafficking
controlled
substance
see
changes
immigration
law
dramatically
raised
stakes
noncitizen
criminal
conviction
importance
accurate
legal
advice
noncitizens
accused
crimes
never
important
changes
confirm
view
matter
federal
law
deportation
integral
part
indeed
sometimes
important
part
penalty
may
imposed
noncitizen
defendants
plead
guilty
specified
crimes
ii
deciding
whether
plead
guilty
defendant
entitled
effective
assistance
competent
counsel
mcmann
richardson
strickland
kentucky
rejected
padilla
ineffectiveness
claim
ground
advice
sought
risk
deportation
concerned
collateral
matters
matters
within
sentencing
authority
state
trial
citing
commonwealth
fuartado
view
collateral
consequences
outside
scope
representation
required
sixth
amendment
therefore
failure
defense
counsel
advise
defendant
possible
deportation
consequences
cognizable
claim
ineffective
assistance
counsel
kentucky
high
far
alone
however
never
applied
distinction
direct
collateral
consequences
define
scope
constitutionally
reasonable
professional
assistance
required
strickland
whether
distinction
appropriate
question
need
consider
case
unique
nature
deportation
long
recognized
deportation
particularly
severe
penalty
fong
yue
ting
strict
sense
criminal
sanction
although
removal
proceedings
civil
nature
see
ins
deportation
nevertheless
intimately
related
criminal
process
law
enmeshed
criminal
convictions
penalty
deportation
nearly
century
see
part
supra
importantly
recent
changes
immigration
law
made
removal
nearly
automatic
result
broad
class
noncitizen
offenders
thus
find
difficult
divorce
penalty
conviction
deportation
context
russell
cadc
moreover
quite
confident
noncitizen
defendants
facing
risk
deportation
particular
offense
find
even
difficult
see
cyr
little
doubt
general
matter
alien
defendants
considering
whether
enter
plea
agreement
acutely
aware
immigration
consequences
convictions
deportation
consequence
criminal
conviction
close
connection
criminal
process
uniquely
difficult
classify
either
direct
collateral
consequence
collateral
versus
direct
distinction
thus
evaluating
strickland
claim
concerning
specific
risk
deportation
conclude
advice
regarding
deportation
categorically
removed
ambit
sixth
amendment
right
counsel
strickland
applies
padilla
claim
iii
strickland
first
determine
whether
counsel
representation
fell
objective
standard
reasonableness
ask
whether
reasonable
probability
counsel
unprofessional
errors
result
proceeding
different
first
prong
deficiency
necessarily
linked
practice
expectations
legal
community
proper
measure
attorney
performance
remains
simply
reasonableness
prevailing
professional
norms
long
recognized
revailing
norms
practice
reflected
american
bar
association
standards
like
guides
determining
reasonable
ibid
bobby
van
hook
per
curiam
slip
florida
nixon
wiggins
smith
williams
taylor
although
guides
strickland
inexorable
commands
bobby
slip
standards
may
valuable
measures
prevailing
professional
norms
effective
representation
especially
standards
adapted
deal
intersection
modern
criminal
prosecutions
immigration
law
weight
prevailing
professional
norms
supports
view
counsel
must
advise
client
regarding
risk
deportation
national
legal
aid
defender
performance
guidelines
criminal
representation
herman
plea
bargaining
pp
chin
holmes
effective
assistance
counsel
consequences
guilty
pleas
cornell
rev
campbell
law
sentencing
pp
ed
dept
justice
office
justice
programs
compendium
standards
indigent
defense
systems
standards
attorney
performance
pp
providing
survey
guidelines
across
multiple
jurisdictions
aba
standards
criminal
justice
prosecution
function
defense
function
ed
aba
standards
criminal
justice
pleas
guilty
ed
uthorities
every
stripe
including
american
bar
association
criminal
defense
public
defender
organizations
authoritative
treatises
state
city
bar
publications
universally
require
defense
attorneys
advise
risk
deportation
consequences
clients
brief
legal
ethics
criminal
procedure
criminal
law
professors
amici
curiae
footnotes
omitted
citing
inter
alia
national
legal
aid
defender
guidelines
supra
bratton
kelley
practice
points
representing
noncitizen
criminal
case
champion
tooby
criminal
defense
immigrants
ed
criminal
practice
manual
previously
recognized
reserving
client
right
remain
may
important
client
potential
jail
sentence
cyr
quoting
criminal
defense
techniques
likewise
recognized
preserving
possibility
discretionary
relief
deportation
ina
stat
repealed
congress
one
principal
benefits
sought
defendants
deciding
whether
accept
plea
offer
instead
proceed
trial
cyr
expected
counsel
unaware
discretionary
relief
measures
follo
advice
numerous
practice
guides
advise
importance
particular
form
discretionary
relief
instant
case
terms
relevant
immigration
statute
succinct
clear
explicit
defining
removal
consequence
padilla
conviction
see
alien
time
admission
convicted
violation
conspiracy
attempt
violate
law
regulation
state
foreign
country
relating
controlled
substance
single
offense
involving
possession
one
use
grams
less
marijuana
deportable
padilla
counsel
easily
determined
plea
make
eligible
deportation
simply
reading
text
statute
addresses
broad
classification
crimes
specifically
commands
removal
controlled
substances
convictions
except
trivial
marijuana
possession
offenses
instead
padilla
counsel
provided
false
assurance
conviction
result
removal
country
hard
case
find
deficiency
consequences
padilla
plea
easily
determined
reading
removal
statute
deportation
presumptively
mandatory
counsel
advice
incorrect
immigration
law
complex
legal
specialty
members
bar
represent
clients
facing
criminal
charges
either
state
federal
may
well
versed
therefore
undoubtedly
numerous
situations
deportation
consequences
particular
plea
unclear
uncertain
duty
private
practitioner
cases
limited
law
succinct
straightforward
many
scenarios
posited
justice
alito
criminal
defense
attorney
need
advise
noncitizen
client
pending
criminal
charges
may
carry
risk
adverse
immigration
deportation
consequence
truly
clear
case
duty
give
correct
advice
equally
clear
accepting
allegations
true
padilla
sufficiently
alleged
constitutional
deficiency
satisfy
first
prong
strickland
whether
padilla
entitled
relief
claim
depend
whether
satisfy
strickland
second
prong
prejudice
matter
leave
kentucky
courts
consider
first
instance
iv
solicitor
general
urged
us
conclude
strickland
applies
padilla
claim
extent
alleged
affirmative
misadvice
view
counsel
constitutionally
required
provide
advice
matters
decided
criminal
case
though
counsel
required
provide
accurate
advice
chooses
discusses
matters
brief
amicus
curiae
respondent
padilla
find
solicitor
general
proposed
rule
unpersuasive
although
support
among
lower
courts
see
couto
kwan
sparks
sowders
russell
cadc
state
ut
resendiz
cal
kentucky
describes
decisions
isolating
affirmative
misadvice
claim
incestuous
completely
lacking
legal
rational
bases
brief
respondent
share
view
agree
relevant
difference
act
commission
act
omission
context
strickland
must
determine
whether
light
circumstances
identified
acts
omissions
outside
wide
range
professionally
competent
assistance
see
also
state
paredez
holding
limited
affirmative
misadvice
invite
two
absurd
results
first
give
counsel
incentive
remain
silent
matters
great
importance
even
answers
readily
available
silence
circumstances
fundamentally
odds
critical
obligation
counsel
advise
client
advantages
disadvantages
plea
agreement
libretti
attorneys
know
clients
face
possible
exile
country
separation
families
encouraged
say
nothing
second
deny
class
clients
least
able
represent
rudimentary
advice
deportation
even
readily
available
quintessentially
duty
counsel
provide
client
available
advice
issue
like
deportation
failure
clearly
satisfies
first
prong
strickland
analysis
hill
lockhart
white
concurring
judgment
given
serious
consideration
concerns
solicitor
general
respondent
amici
stressed
regarding
importance
protecting
finality
convictions
obtained
guilty
pleas
confronted
similar
floodgates
concern
hill
see
nevertheless
applied
strickland
claim
counsel
failed
advise
client
regarding
parole
eligibility
pleaded
flood
follow
decision
wake
surmounting
strickland
high
bar
never
easy
task
see
judicial
scrutiny
counsel
performance
must
highly
deferential
observing
ttorney
errors
likely
utterly
harmless
particular
case
prejudicial
moreover
obtain
relief
type
claim
petitioner
must
convince
decision
reject
plea
bargain
rational
circumstances
see
roe
reason
doubt
lower
courts
quite
experienced
applying
strickland
effectively
efficiently
use
framework
separate
specious
claims
substantial
merit
seems
unlikely
decision
today
significant
effect
convictions
already
obtained
result
plea
bargains
least
past
years
professional
norms
generally
imposed
obligation
counsel
provide
advice
deportation
consequences
client
plea
see
supra
therefore
presume
counsel
satisfied
obligation
render
competent
advice
time
clients
considered
pleading
guilty
strickland
likewise
although
must
especially
careful
recognizing
new
grounds
attacking
validity
guilty
pleas
years
since
first
applied
strickland
claims
ineffective
assistance
plea
stage
practice
shown
pleas
less
frequently
subject
collateral
challenges
convictions
obtained
trial
pleas
account
nearly
criminal
account
approximately
habeas
petitions
nature
relief
secured
successful
collateral
challenge
guilty
plea
opportunity
withdraw
plea
proceed
trial
imposes
significant
limiting
principle
collaterally
attack
guilty
pleas
lose
benefit
bargain
obtained
result
plea
thus
different
calculus
informs
whether
wise
challenge
guilty
plea
habeas
proceeding
ultimately
challenge
may
result
less
favorable
outcome
defendant
whereas
collateral
challenge
conviction
obtained
jury
trial
similar
downside
potential
finally
informed
consideration
possible
deportation
benefit
state
noncitizen
defendants
process
bringing
deportation
consequences
process
defense
prosecution
may
well
able
reach
agreements
better
satisfy
interests
parties
case
criminal
episode
may
provide
basis
multiple
charges
subset
mandate
deportation
following
conviction
counsel
possess
rudimentary
understanding
deportation
consequences
particular
criminal
offense
may
able
plea
bargain
creatively
prosecutor
order
craft
conviction
sentence
reduce
likelihood
deportation
avoiding
conviction
offense
automatically
triggers
removal
consequence
time
threat
deportation
may
provide
defendant
powerful
incentive
plead
guilty
offense
mandate
penalty
exchange
dismissal
charge
sum
long
recognized
negotiation
plea
bargain
critical
phase
litigation
purposes
sixth
amendment
right
effective
assistance
counsel
hill
see
also
richardson
severity
deportation
equivalent
banishment
exile
delgadillo
carmichael
underscores
critical
counsel
inform
noncitizen
client
faces
risk
responsibility
constitution
ensure
criminal
defendant
whether
citizen
left
mercies
incompetent
counsel
richardson
satisfy
responsibility
hold
counsel
must
inform
client
whether
plea
carries
risk
deportation
longstanding
sixth
amendment
precedents
seriousness
deportation
consequence
criminal
plea
concomitant
impact
deportation
families
living
lawfully
country
demand
less
taking
true
basis
motion
postconviction
relief
little
difficulty
concluding
padilla
sufficiently
alleged
counsel
constitutionally
deficient
whether
padilla
entitled
relief
depend
whether
demonstrate
prejudice
result
thereof
question
reach
passed
see
verizon
communications
fcc
judgment
kentucky
reversed
case
remanded
proceedings
inconsistent
opinion
ordered
jose
padilla
petitioner
kentucky
writ
certiorari
kentucky
march
justice
alito
chief
justice
joins
concurring
judgment
concur
judgment
criminal
defense
attorney
fails
provide
effective
assistance
within
meaning
strickland
washington
attorney
misleads
noncitizen
client
regarding
removal
consequences
conviction
view
attorney
must
refrain
unreasonably
providing
incorrect
advice
advise
defendant
criminal
conviction
may
adverse
immigration
consequences
alien
wants
advice
issue
alien
consult
immigration
attorney
agree
attorney
must
attempt
explain
consequences
may
concedes
mmigration
law
complex
legal
specialty
ome
members
bar
represent
clients
facing
criminal
charges
either
state
federal
may
well
versed
ante
nevertheless
holds
criminal
defense
attorney
must
provide
advice
specialized
area
cases
law
succinct
straightforward
perhaps
situations
ante
vague
halfway
test
lead
much
confusion
needless
litigation
strickland
attorney
provides
ineffective
assistance
attorney
representation
meet
reasonable
professional
standards
today
longstanding
unanimous
position
federal
courts
reasonable
defense
counsel
generally
need
advise
client
direct
consequences
criminal
conviction
see
gonzalez
claim
fails
based
attorney
failure
advise
client
plea
immigration
consequences
banda
holding
attorney
failure
advise
client
deportation
possible
consequence
guilty
plea
constitute
ineffective
assistance
counsel
see
generally
chin
holmes
effective
assistance
counsel
consequences
guilty
pleas
cornell
rev
hereinafter
chin
holmes
noting
virtually
jurisdictions
including
eleven
federal
circuits
thirty
district
columbia
hold
defense
counsel
need
discuss
clients
collateral
consequences
conviction
including
deportation
line
direct
collateral
consequences
always
clear
see
ante
rule
expresses
important
truth
criminal
defense
attorneys
expertise
regarding
conduct
criminal
proceedings
expected
possess
often
possess
expertise
areas
law
unrealistic
expect
provide
expert
advice
matters
lie
outside
area
training
experience
case
happens
involve
removal
criminal
convictions
carry
wide
variety
consequences
conviction
sentencing
including
civil
commitment
civil
forfeiture
loss
right
vote
disqualification
public
benefits
ineligibility
possess
firearms
dishonorable
discharge
armed
forces
loss
business
professional
licenses
chin
holmes
criminal
conviction
may
also
severely
damage
defendant
reputation
thus
impair
defendant
ability
obtain
future
employment
business
opportunities
consequences
seriou
see
ante
never
held
criminal
defense
attorney
sixth
amendment
duties
extend
providing
advice
matters
tries
justify
dramatic
departure
precedent
pointing
views
various
professional
organizations
see
ante
weight
prevailing
professional
norms
supports
view
counsel
must
advise
client
regarding
risk
deportation
however
ascertaining
level
professional
competence
required
sixth
amendment
ultimately
task
courts
roe
although
may
appropriately
consult
standards
promulgated
private
bar
groups
delegate
groups
task
determining
constitution
commands
see
strickland
supra
explaining
revailing
norms
practice
reflected
american
bar
association
standards
guides
determining
reasonable
guides
must
recognize
standards
may
represent
aspirations
bar
group
rather
empirical
assessment
actual
practice
even
relevant
consideration
prevailing
professional
norms
hard
see
norms
support
duty
today
imposes
defense
counsel
many
criminal
defense
attorneys
little
understanding
immigration
law
see
ante
follow
criminal
defense
attorney
refrains
providing
immigration
advice
violate
prevailing
professional
norms
opinion
require
defense
counsel
warn
client
general
risk
removal
also
require
counsel
least
cases
specify
removal
consequences
conviction
see
ante
new
approach
particularly
problematic
providing
advice
whether
conviction
particular
offense
make
alien
removable
often
quite
complex
crimes
affecting
immigration
status
specifically
mentioned
immigration
nationality
act
ina
instead
fall
broad
category
crimes
crimes
involving
moral
turpitude
aggravated
felonies
garcia
eig
crs
report
congress
immigration
consequences
criminal
activity
summary
emphasis
original
widely
acknowledged
determining
whether
particular
crime
aggravated
felony
crime
involving
moral
turpitude
cimt
easy
task
see
mcwhirter
aba
criminal
lawyer
guide
immigration
law
questions
answers
ed
hereinafter
aba
guidebook
increased
complexity
aggravated
felony
law
edition
devotes
new
chapter
subject
stating
aggravated
felony
list
clear
respect
several
listed
categories
term
felonies
include
misdemeanors
determination
whether
crime
aggravated
felony
made
even
difficult
several
agencies
courts
interpret
statute
including
immigration
customs
enforcement
board
immigration
appeals
bia
federal
circuit
district
courts
considering
issues
aba
guidebook
nothing
ever
simple
immigration
law
terms
turpitude
scheme
criminal
misconduct
terms
art
term
turpitude
evades
precise
definition
defense
counsel
consults
guidebook
whether
particular
crime
aggravated
felony
often
find
answer
easily
ascertained
example
aba
guidebook
answers
question
simple
possession
count
aggravated
felony
follows
yes
least
ninth
circuit
emphasis
added
dizzying
paragraph
attempts
explain
evolution
ninth
circuit
view
aba
guidebook
continues
adding
confusion
however
ninth
circuit
conflicting
opinions
depending
context
whether
simple
drug
possession
constitutes
aggravated
felony
citing
cases
distinguishing
whether
simple
possession
offense
aggravated
felony
immigration
purposes
sentencing
purposes
aba
guidebook
proceeds
explain
attempted
possession
emphasis
added
controlled
substance
aggravated
felony
onviction
federal
accessory
fact
statute
probably
aggravated
felony
conviction
accessory
fact
manufacture
methamphetamine
aggravated
felony
emphasis
added
conspiracy
attempt
commit
drug
trafficking
aggravated
felonies
olicitation
offense
generic
solicitation
offense
offense
related
controlled
substance
therefore
aggravated
felony
determining
whether
particular
crime
one
involving
moral
turpitude
easier
see
writing
bad
checks
may
may
cimt
emphasis
added
ibid
eckless
assault
coupled
element
injury
serious
injury
probably
cimt
emphasis
added
misdemeanor
driving
influence
generally
cimt
may
cimt
dui
results
injury
driver
knew
license
suspended
revoked
element
actual
injury
endangerment
offense
may
cimt
emphasis
added
ibid
whether
child
abuse
conviction
involves
moral
turpitude
may
depend
subsection
individual
convicted
child
abuse
done
criminal
negligence
probably
cimt
emphasis
added
many
terms
ina
similarly
ambiguous
may
confusing
practitioners
versed
intricacies
immigration
law
take
examples
may
hard
cases
defense
counsel
even
determine
whether
client
whether
particular
state
disposition
result
conviction
purposes
federal
immigration
task
offering
advice
immigration
consequences
criminal
conviction
complicated
problems
including
significant
variations
among
circuit
interpretations
federal
immigration
statutes
frequency
immigration
law
changes
different
rules
governing
immigration
consequences
juvenile
foreign
convictions
relationship
length
type
sentence
determination
whether
alien
subject
removal
eligible
relief
removal
qualified
become
naturalized
citizen
immigration
law
crimes
short
professional
organizations
guidebooks
heavily
relies
right
say
nothing
ever
simple
immigration
law
including
determination
whether
immigration
law
clearly
makes
particular
offense
removable
aba
guidebook
immigration
law
crimes
therefore
agree
apparent
view
sixth
amendment
requires
criminal
defense
attorneys
provide
immigration
advice
tries
downplay
severity
burden
imposes
defense
counsel
suggesting
scope
counsel
duty
offer
advice
concerning
deportation
consequences
may
turn
hard
determine
consequences
terms
relevant
immigration
statute
succinct
clear
explicit
defining
removal
consequence
conviction
says
counsel
affirmative
duty
advise
client
subject
deportation
result
plea
ante
hen
law
succinct
straightforward
criminal
defense
attorney
need
advise
noncitizen
client
pending
criminal
charges
may
carry
risk
adverse
immigration
consequences
ante
approach
problematic
least
four
reasons
first
always
easy
tell
whether
particular
statutory
provision
succinct
clear
explicit
attorney
lacks
general
immigration
law
expertise
sure
seemingly
clear
statutory
provision
actually
means
seems
say
read
isolation
application
provision
particular
case
clear
cursory
examination
case
law
administrative
decisions
provide
definitive
answer
see
immigration
law
crimes
unfortunately
practitioner
respondent
tell
easily
whether
conviction
removable
offense
cautious
practitioner
apprehensive
respondent
know
conclusively
future
immigration
consequences
guilty
plea
second
defense
counsel
must
provide
advice
regarding
one
many
collateral
consequences
criminal
conviction
many
defendants
likely
misled
take
one
example
conviction
particular
offense
may
render
alien
excludable
removable
alien
charged
offense
advised
pleading
guilty
offense
result
removal
alien
may
induced
enter
guilty
plea
without
realizing
consequence
plea
alien
unable
reenter
alien
returns
home
country
reason
visit
elderly
parent
attend
funeral
see
aba
guidebook
often
alien
excludable
removable
times
however
lists
different
thus
oddity
alien
inadmissible
deportable
alien
leave
government
let
back
emphasis
original
incomplete
legal
advice
may
worse
advice
may
mislead
may
dissuade
client
seeking
advice
knowledgeable
source
third
rigid
constitutional
rule
inadvertently
head
promising
ways
addressing
underlying
problem
statutory
administrative
reforms
requiring
trial
judges
inform
defendant
record
guilty
plea
may
carry
adverse
immigration
consequences
amici
point
district
columbia
already
adopted
rules
plea
forms
statutes
requiring
courts
advise
criminal
defendants
possible
immigration
consequences
pleas
brief
state
louisiana
et
al
accord
chin
holmes
growing
number
require
advice
deportation
statute
rule
nonconstitutional
rule
requiring
trial
judges
inform
defendants
record
risk
adverse
immigration
consequences
ensure
defendant
receives
needed
information
without
putting
large
number
criminal
convictions
risk
warning
given
record
courts
later
determine
whether
defendant
misrepresenting
advice
counsel
likewise
flexible
statutory
procedures
withdrawing
guilty
pleas
might
give
courts
appropriate
discretion
determine
whether
interests
justice
served
allowing
particular
defendant
withdraw
plea
entered
basis
incomplete
information
cf
russell
cadc
explaining
district
discretion
set
aside
guilty
plea
federal
rules
criminal
procedure
guided
among
considerations
possible
existence
prejudice
government
case
result
defendant
untimely
request
stand
trial
strength
defendant
reason
withdrawing
plea
including
whether
defendant
asserts
innocence
charge
fourth
decision
marks
major
upheaval
sixth
amendment
law
decided
strickland
majority
cite
single
case
federal
holding
criminal
defense
counsel
failure
provide
advice
concerning
removal
consequences
criminal
conviction
violates
defendant
sixth
amendment
right
counsel
noted
view
rejected
every
federal
appeals
considered
issue
thus
far
see
gonzalez
banda
chin
holmes
majority
appropriately
acknowledges
lower
courts
quite
experienced
applying
strickland
ante
casually
dismisses
longstanding
unanimous
position
lower
federal
courts
respect
scope
criminal
defense
counsel
duty
advise
collateral
consequences
majority
seeks
downplay
dramatic
expansion
scope
criminal
defense
counsel
duties
sixth
amendment
claiming
hill
lockhart
similarly
applied
strickland
claim
counsel
failed
advise
client
regarding
parole
eligibility
pleaded
guilty
ante
characterization
hill
obscures
much
reveals
issue
hill
whether
criminal
defendant
sixth
amendment
right
counsel
violated
counsel
misinformed
client
eligibility
parole
found
unnecessary
determine
whether
may
circumstances
erroneous
advice
counsel
parole
eligibility
may
deemed
constitutionally
ineffective
assistance
counsel
present
case
conclude
petitioner
allegations
insufficient
satisfy
strickland
washington
requirement
given
hill
expressly
unambiguously
refused
decide
whether
criminal
defense
counsel
must
avoid
misinforming
client
one
consequence
criminal
conviction
parole
eligibility
case
plainly
provides
support
whatsoever
proposition
counsel
must
affirmatively
advise
client
another
collateral
consequence
removal
strange
logic
hill
support
decision
even
held
misadvice
concerning
parole
eligibility
make
counsel
performance
objectively
unreasonable
still
applied
strickland
facts
case
hand
ii
mastery
immigration
law
required
strickland
several
considerations
support
conclusion
affirmative
misadvice
regarding
removal
consequences
conviction
may
constitute
ineffective
assistance
first
rule
prohibiting
affirmative
misadvice
regarding
matter
crucial
defendant
plea
decision
deportation
appears
faithful
scope
nature
sixth
amendment
duty
recognized
past
cases
particular
explained
guilty
plea
attacked
based
inadequate
legal
advice
unless
counsel
reasonably
competent
attorney
advice
range
competence
demanded
attorneys
criminal
cases
strickland
quoting
mcmann
richardson
emphasis
added
appears
acknowledge
thorough
understanding
intricacies
immigration
law
within
range
competence
demanded
attorneys
criminal
cases
see
ante
immigration
law
complex
legal
specialty
members
bar
represent
clients
facing
criminal
charges
either
state
federal
may
well
versed
contrast
reasonably
competent
attorneys
know
appropriate
responsible
hold
authorities
difficult
complicated
subject
matter
familiar
candor
concerning
limits
one
professional
expertise
words
within
range
duties
reasonably
expected
defense
attorneys
criminal
cases
dissenting
judge
kentucky
put
believe
much
burden
place
defense
bar
duty
say
know
second
incompetent
advice
distorts
defendant
decisionmaking
process
seems
call
fairness
integrity
criminal
proceeding
question
see
strickland
giving
meaning
requirement
effective
assistance
counsel
must
take
purpose
ensure
fair
trial
guide
defendant
opts
plead
guilty
without
definitive
information
concerning
likely
effects
plea
defendant
fairly
said
assume
risk
conviction
may
carry
indirect
consequences
aware
case
defendant
bases
decision
plead
guilty
counsel
express
misrepresentation
defendant
removable
latter
case
seems
hard
say
plea
entered
advice
constitutionally
competent
counsel
embodies
voluntary
intelligent
decision
forsake
constitutional
rights
see
ibid
benchmark
judging
claim
ineffectiveness
must
whether
counsel
conduct
undermined
proper
functioning
adversarial
process
trial
relied
produced
result
third
rule
prohibiting
unreasonable
misadvice
regarding
exceptionally
important
collateral
matters
deter
interfere
ongoing
political
administrative
efforts
devise
fair
reasonable
solutions
difficult
problem
posed
defendants
plead
guilty
without
knowing
certain
important
collateral
consequences
finally
conclusion
affirmative
misadvice
regarding
removal
consequences
conviction
give
rise
ineffective
assistance
unlike
approach
require
upheaval
law
solicitor
general
points
vast
majority
lower
courts
considering
claims
ineffective
assistance
plea
context
distinguished
defense
counsel
remain
silent
defense
counsel
give
affirmative
misadvice
brief
amicus
curiae
citing
cases
least
three
courts
appeals
held
affirmative
misadvice
immigration
matters
give
rise
ineffective
assistance
counsel
least
several
circuits
held
affirmative
misadvice
concerning
nonimmigration
consequences
conviction
violate
sixth
amendment
even
consequences
might
deemed
collateral
contrast
appears
appeals
holds
affirmative
misadvice
concerning
collateral
consequences
general
removal
particular
never
give
rise
ineffective
assistance
short
considered
thus
far
unanimous
view
lower
federal
courts
charged
administering
strickland
clearly
supports
conclusion
kentucky
position
goes
far
concluding
affirmative
misadvice
regarding
removal
consequences
criminal
conviction
may
constitute
ineffective
assistance
mean
suggest
sixth
amendment
require
defense
counsel
avoid
misinformation
criminal
defense
attorney
aware
client
alien
attorney
advise
client
criminal
conviction
may
adverse
consequences
immigration
laws
client
consult
immigration
specialist
client
wants
advice
subject
putting
client
notice
danger
removal
advice
significantly
reduce
chance
client
plead
guilty
mistaken
premise
iii
sum
criminal
defense
attorney
required
provide
advice
immigration
law
complex
specialty
generally
lies
outside
scope
criminal
defense
attorney
expertise
hand
competent
criminal
defense
attorney
appreciate
extraordinary
importance
risk
removal
might
client
determination
whether
enter
guilty
plea
accordingly
unreasonable
incorrect
information
concerning
risk
removal
give
rise
ineffectiveness
claim
addition
silence
alone
enough
satisfy
counsel
duty
assist
client
instead
alien
defendant
sixth
amendment
right
counsel
satisfied
defense
counsel
advises
client
conviction
may
immigration
consequences
immigration
law
specialized
field
attorney
immigration
lawyer
client
consult
immigration
specialist
client
wants
advice
subject
jose
padilla
petitioner
kentucky
writ
certiorari
kentucky
march
justice
scalia
justice
thomas
joins
dissenting
best
possible
worlds
criminal
defendants
contemplating
guilty
plea
advised
serious
collateral
consequences
conviction
surely
misadvised
constitution
however
tool
judicial
construction
perfect
world
ignore
text
order
make
often
find
swinging
sledge
tack
hammer
needed
sixth
amendment
guarantees
accused
lawyer
defense
criminal
prosecutio
sound
advice
collateral
consequences
conviction
reason
practical
reasons
set
forth
part
justice
alito
concurrence
dissent
conclusion
sixth
amendment
requires
counsel
provide
accurate
advice
concerning
potential
removal
consequences
guilty
plea
reasons
unlike
concurrence
believe
affirmative
misadvice
consequences
renders
attorney
assistance
defending
prosecution
constitutionally
inadequate
sixth
amendment
requires
counsel
warn
immigrant
defendants
conviction
may
render
removable
statutory
provisions
remedy
concerns
targeted
fashion
without
producing
permanent
legislatively
irreparable
overkill
sixth
amendment
originally
understood
ratified
meant
defendant
right
employ
counsel
use
volunteered
services
counsel
see
van
duzee
beaney
right
counsel
american
courts
held
however
sixth
amendment
requires
provision
counsel
indigent
defendants
government
expense
gideon
wainwright
right
assistance
counsel
includes
right
effective
assistance
strickland
washington
even
assuming
validity
holdings
reject
significant
extension
lesser
extent
concurrence
create
today
least
retained
sixth
amendment
textual
limitation
criminal
prosecutions
held
means
defense
trial
defense
relation
objectives
may
important
accused
rothgery
gillespie
county
alito
concurring
slip
summarizing
cases
limited
sixth
amendment
legal
advice
directly
related
defense
prosecution
charged
offense
advice
trial
course
also
advice
postindictment
interrogations
lineups
massiah
wade
general
advice
phases
prosecution
defendant
disadvantage
pitted
alone
legally
trained
agents
state
see
moran
burbine
required
advice
counsel
regarding
consequences
collateral
prosecution
even
required
counsel
appointed
defend
one
prosecution
present
defendant
interrogated
connection
another
possible
prosecution
arising
event
texas
cobb
basis
text
principle
extend
constitutionally
required
advice
regarding
guilty
pleas
beyond
matters
germane
criminal
prosecution
hand
wit
sentence
plea
produce
higher
sentence
conviction
trial
might
entail
chances
conviction
matters
fall
within
range
competence
demanded
attorneys
criminal
cases
mcmann
richardson
see
describing
matters
counsel
client
must
consider
connection
contemplated
guilty
plea
never
held
logic
opinion
assumes
counsel
appointed
professional
responsibilities
counsel
even
extending
beyond
defense
prosecution
become
constitutional
commands
cf
cobb
supra
moran
supra
subject
misadvice
prosecution
jose
padilla
entitled
effective
assistance
counsel
sixth
amendment
application
adding
counsel
duties
obligation
advise
conviction
collateral
consequences
logical
concurrence
observes
criminal
convictio
carry
wide
variety
consequences
conviction
sentencing
including
civil
commitment
civil
forfeiture
loss
right
vote
disqualification
public
benefits
ineligibility
possess
firearms
dishonorable
discharge
armed
forces
loss
business
professional
licenses
consequences
ante
alito
concurring
judgment
seems
concurrence
suffers
defect
indeterminacy
inability
know
areas
advice
relevant
attaches
misadvice
concurrence
suggestion
counsel
must
warn
defendants
potential
removal
consequences
see
ante
come
known
padilla
warning
limited
consequences
except
judicial
caprice
difficult
believe
warning
requirement
extended
example
risk
heightened
sentences
later
federal
prosecutions
pursuant
armed
career
criminal
act
expect
years
elaboration
upon
new
issues
lower
courts
prompted
defense
bar
devising
categories
misadvice
failures
warn
mention
innumerable
evidentiary
hearings
determine
whether
misadvice
really
occurred
whether
warning
really
given
concurrence
treatment
misadvice
seems
driven
concern
voluntariness
padilla
guilty
plea
see
ante
concern
properly
relates
due
process
clauses
fifth
fourteenth
amendments
sixth
amendment
see
mccarthy
brady
padilla
argued
us
guilty
plea
knowing
voluntary
however
true
substance
claim
properly
preserved
state
address
smuggle
claim
sixth
amendment
holding
prevents
legislation
solve
problems
addressed
today
opinions
precise
targeted
fashion
subject
constitutionalized
legislation
specify
categories
misadvice
matters
ancillary
prosecution
invalidate
plea
agreements
collateral
consequences
counsel
must
bring
defendant
attention
warnings
must
moreover
legislation
provide
consequences
misadvice
nonadvice
failure
warn
nullification
criminal
conviction
witnesses
evidence
needed
retrial
disappeared
federal
immigration
law
might
provide
example
removal
follows
certain
criminal
convictions
apply
conviction
rested
upon
guilty
plea
induced
counsel
misadvice
regarding
removal
consequences
legislation
might
put
government
choice
circumstances
either
retry
defendant
forgo
removal
precluded
favor
today
sledge
hammer
sum
sixth
amendment
guarantees
adequate
assistance
counsel
defending
pending
criminal
prosecution
limit
constitutional
obligation
provide
advice
consequences
bad
advice
well
defined
area
footnotes
padilla
crime
like
virtually
every
drug
offense
except
insignificant
marijuana
offenses
deportable
offense
congress
expanded
class
excluded
persons
include
individuals
admit
committed
crime
moral
turpitude
act
ch
stat
enacted
statute
provided
provision
section
respecting
deportation
aliens
convicted
crime
involving
moral
turpitude
shall
apply
one
pardoned
shall
deportation
made
directed
judge
thereof
sentencing
alien
crime
shall
time
imposing
judgment
passing
sentence
within
thirty
days
thereafter
make
recommendation
secretary
labor
alien
shall
deported
pursuance
act
act
stat
provision
codified
ed
transferred
ed
judge
nondeportation
recommendation
binding
secretary
labor
later
attorney
general
control
immigration
removal
matters
transferred
former
latter
see
janvier
congress
first
identified
narcotics
offenses
special
category
crimes
triggering
deportation
narcotic
drug
act
act
may
ch
stat
act
took
effect
initial
confusion
whether
narcotics
offense
also
crime
moral
turpitude
individual
deportable
see
weedin
moy
fat
holding
individual
committed
narcotics
offense
deportable
offense
involve
moral
turpitude
however
lower
courts
eventually
agreed
narcotics
offense
provision
special
chung
que
fong
nagle
thus
narcotics
offense
need
also
crime
moral
turpitude
satisfy
requirements
act
trigger
deportation
see
ex
rel
grimaldi
ebey
todaro
munster
act
separately
codified
moral
turpitude
offense
provision
narcotics
offense
provision
within
ed
subsections
respectively
see
stat
jrad
procedure
codified
ed
applied
provisions
subsection
provision
stat
see
recognizing
act
narcotics
offenses
longer
eligible
jrads
changes
immigration
law
also
involved
change
nomenclature
statutory
text
uses
term
removal
rather
deportation
see
ins
see
brief
asian
american
justice
center
et
al
amici
curiae
providing
examples
disagreement
among
courts
distinguish
direct
collateral
consequences
see
roberts
ignorance
effectively
bliss
collateral
consequences
silence
misinformation
process
iowa
rev
disagreement
apply
distinction
bearing
disposition
case
even
justice
alito
agrees
counsel
must
least
advise
noncitizen
defendant
criminal
conviction
may
adverse
immigration
consequences
post
opinion
concurring
judgment
see
also
post
mean
suggest
sixth
amendment
require
defense
counsel
avoid
misinformation
concurring
opinion
justice
alito
thus
departed
strict
rule
applied
kentucky
two
federal
cases
cites
post
see
gonzalez
del
rosario
cadc
yearwood
broomes
ashcroft
campbell
oyekoya
state
crim
app
state
rosas
app
state
montalban
la
commonwealth
frometa
justice
alito
explains
length
deportation
consequences
often
unclear
lack
clarity
law
however
obviate
need
counsel
say
something
possibility
deportation
even
though
affect
scope
nature
counsel
advice
commonwealth
conceded
oral
argument
defendant
lawyer
know
particular
offense
result
client
deportation
upon
deportation
client
family
might
well
killed
due
circumstances
client
home
country
decent
attorney
inform
client
consequences
plea
tr
oral
arg
think
result
follow
stakes
life
death
merely
banishment
exile
delgadillo
carmichael
however
concluded
even
though
strickland
applied
petitioner
claim
sufficiently
alleged
prejudice
satisfy
strickland
second
prong
hill
disposition
underscores
fact
often
quite
difficult
petitioners
acknowledged
guilt
satisfy
strickland
prejudice
prong
justice
alito
believes
misreads
hill
post
hill
recognized
first
time
strickland
applies
advice
respecting
guilty
plea
hold
therefore
strickland
washington
test
applies
challenges
guilty
pleas
based
ineffective
assistance
counsel
true
hill
control
question
us
import
nevertheless
clear
whether
strickland
applies
padilla
claim
follows
hill
regardless
fact
hill
resolve
particular
question
respecting
misadvice
see
dept
justice
bureau
justice
statistics
sourcebook
criminal
justice
statistics
ed
table
approximately
federal
criminal
prosecutions
go
trial
table
approximately
state
felony
criminal
prosecutions
go
trial
see
flango
national
center
state
courts
habeas
corpus
state
federal
courts
demonstrating
defendants
whose
conviction
result
trial
account
approximately
habeas
petitions
filed
end
find
significant
plea
form
currently
used
kentucky
courts
provides
notice
possible
immigration
consequences
admin
office
courts
motion
enter
guilty
plea
form
rev
http
visited
mar
available
clerk
case
file
many
require
trial
courts
advise
defendants
possible
immigration
consequences
see
alaska
rule
crim
proc
cal
penal
code
ann
west
stat
code
rule
crim
proc
supp
code
ann
haw
rev
stat
ann
iowa
rule
crim
proc
supp
md
rule
lexis
mass
laws
ch
rule
crim
proc
mont
code
ann
rule
crim
form
crim
proc
law
ann
west
supp
stat
ann
lexis
ohio
rev
code
ann
west
rev
stat
laws
lexis
supp
tex
code
ann
crim
art
vernon
supp
stat
tit
supp
rev
code
stat
footnotes
citizens
deportable
uestions
citizenship
always
simple
aba
guidebook
explaining
citizenship
conferred
blood
erivative
citizenship
depends
number
confusing
factors
including
whether
citizen
parent
mother
father
immigration
laws
effect
time
parents
defendant
birth
parents
marital
status
disposition
state
law
may
still
immigration
purposes
citing
matter
salazar
bia
en
banc
example
state
law
may
define
term
conviction
include
deferred
adjudication
adjudication
deemed
conviction
purposes
federal
immigration
law
see
aba
guidebook
accord
kesselbrenner
rosenberg
immigration
law
crimes
hereinafter
immigration
law
crimes
practitioner
respondent
even
know
whether
department
homeland
security
dhs
executive
office
immigration
review
eoir
treat
particular
state
disposition
conviction
immigration
purposes
fact
bia
treats
certain
state
criminal
dispositions
convictions
even
though
state
treats
disposition
dismissal
see
kwan
couto
limiting
holding
facts
case
see
also
concluding
counsel
advice
objectively
unreasonable
counsel
purport
answer
questions
immigration
law
claim
expertise
immigration
law
simply
warned
possible
deportation
consequence
use
word
possible
affirmative
misrepresentation
even
though
indicate
deportation
certain
consequence
see
hill
lockhart
en
banc
erroneous
advice
given
hill
ineffective
assistance
counsel
strickland
washington
sparks
sowders
ross
misadvice
concerning
parole
eligibility
amount
ineffective
assistance
counsel
kennedy
concurring
maximum
possible
exposure
overstated
defendant
might
well
influenced
accept
plea
agreement
otherwise
reject
strader
garrison
hough
parole
eligibility
dates
collateral
consequences
entry
guilty
plea
defendant
need
informed
inquire
grossly
misinformed
lawyer
relies
upon
misinformation
deprived
constitutional
right
counsel
footnotes
mean
suggest
due
process
clause
surely
provide
relief
indicated
awareness
direct
consequences
suffices
validity
guilty
plea
see
brady
internal
quotation
marks
omitted
required
colloquy
federal
district
defendant
required
federal
rule
criminal
procedure
formerly
rule
said
approximates
due
process
requirements
valid
plea
see
libretti
mention
collateral
consequences
whatever
outcome
however
effect
misadvice
regarding
consequences
upon
validity
guilty
plea
analyzed
due
process
clause
opinion
notes
ante
many
including
kentucky
already
require
criminal
defendants
warned
potential
removal
consequences