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Padilla: Attacking the Criminal Conviction that Threatens Your Deportation

In Padilla v. Kentucky, 599 U.S. ___, 130 S.Ct. 1473 (2010), the United States Supreme Court held that when a non U.S. citizen is either inproperly advised or not advised of the immigration consequences of the plea of guilty or no contest to a criminal charge, the conviction may be overturned. So what does this mean for you? If the Government is attempting to remove or deport you based on a criminal conviction, you may be able to challenge that criminal conviction, even though you pled guilty or no contest, and even though it happened a long time ago. If you were not properly advised of what impact your plea to the criminal case would have on your ability to stay in this country, you may be able to challenge that conviction, thanks to Padilla.