People v. Terrero

BDS — on behalf of a group of legal service providers who represent New Yorkers facing immigration consequences of pleas in criminal court — drafted and submitted an amicus brief in a case where a noncitizen was not advised by defense counsel that his criminal court plea would prevent him from being admissible to the United States, permanently excluding him from the country. He sought to have his plea vacated based on violations of the Supreme Court’s landmark decision in Padilla v. Kentucky, 559 U.S. 356 (2010), which recognized that the Sixth Amendment requires defense counsel to provide specific advice on potential immigration consequences of a plea bargain, among other protections. Unfortunately, the Appellate Division Second Department issued a decision that would effectively narrow the scope of Padilla.

BDS Amicus Brief

Appellate Division Decision (2021 WL 4888812)

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