Miami Criminal Defense Attorneys Attend Immigration Seminar on the Far Reaching Consequences of the Supreme Court’s Ruling in Padilla on Convictions That Could Lead to Deportation

In North Miami at St. Rose of Lima Parish Auditorium Criminal Defense Attorneys and Immigration Lawyers gathered together to discuss the present changing state of the law based upon the Supreme Court’s Ruling in the Padilla case. The Catholic Charities Legal Services assembled an all star cast of criminal and immigration attorneys to bring their collective wisdom to bear on what is a developing area of practice.

As we recently reported, the Padilla decision may have reset the clock for aliens who took pleas without proper advice of the immigration consequences. Many of these individuals have already moved to set aside their pleas and have lost under the Peart/Green standard. However, now that the standard has changed, there’s a fair argument that the two year window to allege ineffective assistance of counsel has also been reset.

Present at the conference were members of the Florida Association of Criminal Defense Lawyers. The FACDL has provided amicus curaie or “friend of the court” briefs in a number of the appellate cases that have arisen as a result of the Padilla decision.

What is clear from the conference was that there are a wide range of reactions coming from government lawyers when individuals move to set aside their convictions. Several attorneys recounted getting no resistance at all. While others recounted pitched battles that required evidentiary hearings and appeals.

Everyone agreed however, that if it is true that the clock has been reset, it is certainly worth attempting to set aside convictions, particularly old convictions that clients thought were beyond the help of a criminal defense attorney.