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Padilla Vs. Kentucky
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- US Supreme Court
- Mar 30, 2010
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Syllabus October Term, 2009 Padilla V. KentuckySearch
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b) Strickland v. WashingtonSearch
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This decision will not open the floodgates to challenges of convictions obtained through plea bargains. Cf. Hill v. LockhartSearch
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in which Roberts, C. J., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined. Padilla v. KentuckySearch
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Opinion of the Court Padilla V. KentuckySearch
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Supreme Court of the United States No. 08-651 Jose Padilla, Petitioner V. KentuckySearch
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of deportation or removal, Fong Haw Tan v. PhelanSearch
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Janvier v. UnitedSearch
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citing Dang Nam v. BryanSearch
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offenses and the significant ameliorative effect of a JRAD, it is unsurprising that, in the wake of Strickland v. WashingtonSearch
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of counsel applies to a JRAD request or lack thereof, see Janvier, 793 F. 2d 449. See also United States v. CastroSearch
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citing Commonwealth v. FuartadoSearch
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Fong Yue Ting v. UnitedSearch
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but it is not, in a strict sense, a criminal sanction. Although removal proceedings are civil in nature, see INS v. Lopez-MendozaSearch
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to divorce the penalty from the conviction in the deportation context. United States v. RussellSearch
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to the criminal process, uniquely difficult to classify as either a direct or a collateral consequence. The collateral v. directSearch
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Bobby v. VanSearch
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Williams v. TaylorSearch
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s proposed rule unpersuasive, although it has support among the lower courts. See, e.g. , United States v. CoutoSearch
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United States v. KwanSearch
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Sparks v. SowdersSearch
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United States v. RussellSearch
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State v. Rojas-MartinezSearch
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see also State v. ParedezSearch
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Libretti v. UnitedSearch
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the court that a decision to reject the plea bargain would have been rational under the circumstances. See Roe v. Flores-OrtegaSearch
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as a result thereof, a question we do not reach because it was not passed on below. See Verizon Communications Inc. v. FCCSearch
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General after control of immigration removal matters was transferred from the former to the latter. See Janvier v. UnitedSearch
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whether a narcotics offense also had to be a crime of moral turpitude for an individual to be deportable. See Weedin v. MoySearch
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Chung Que Fong v. NagleSearch
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or to satisfy other requirements of the 1917 Act) to trigger deportation. See United States ex rel. Grimaldi v. EbeySearch
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Todaro v. MunsterSearch
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See Calcano-Martinez v. INSSearch
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and in the two federal cases that he cites, post , at 2. Footnote 9 See, e.g. , United States v. GonzalezSearch
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United States v. DelSearch
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United States v. YearwoodSearch
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Santos-Sanchez v. UnitedSearch
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Broomes v. AshcroftSearch
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United States v. CampbellSearch
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Oyekoya v. StateSearch
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State v. RosasSearch
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State v. MontalbanSearch
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