Is It possible to use the Padilla v. Kentucky case to get fiancée out of detention center? if so how?

Asked about 1 year ago - Houston, TX

ONE pill was found in pocket when searched at club. Criminal attorney advised him to go for deferred adjudication without mentioning anything about deportation. Now he's been stuck in detention for 3 weeks and sees no way out because he pled guilty. He's been a resident for 14 yrs and we have more than enough proof that he is no harm to society. The judge though will not even issue him a bond because he pled guilty.

Attorney answers (5)

  1. Alexus Paul Sham

    Pro

    Contributor Level 20

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    Answered . It is best to contact an immigration attorney to review the case. It may be possible that he qualifies for Padilla.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more
  2. Curtis Lamar Harrington Jr

    Contributor Level 20

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    Answered . You may want to check the sentencing transcript. Many Judges are aware of Padilla and a Judge may have included language in the sentencing script to raise awareness of Padilla and thus make sure that the plea is knowingly made as to this issue.

    With tax rates in the U.S. on the rise, consider also the possibility of living in either his home country or a 3rd country where taxes are much likely lower and where a U.S. citizen may have a $90k+ exclusion from income. I did this in my 20's and it was beneficial.

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more
  3. Stephen F Wallace

    Contributor Level 19

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    Lawyer agrees

    Answered . There is no bond issue if there is an ICE or other agency detainer placed upon him. The length of residency does not matter when drugs are involved. You need an immigration attorney to fight this and prevail on the merits you provided. Seek out an attorney on the Find an attorney AVVO tab above.

    FFWYBI
    (Fight for what you believe in)

  4. Joshua Sabert Lowther

    Pro

    Contributor Level 17

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    Answered . In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), the US Supreme Court held that a criminal defense attorney has a duty to notify his or her non-citizen defendant client that the client *will* be removed if the applicable immigration law relative to the client's case is "clear and succinct," and that the client *may* be removed if such law is not "clear and succinct." Furthermore, the criminal defense attorney has an affirmative duty to research the issue and correctly advise the client, regardless of the advice ultimately provided. If you fiancé's attorney did not comply with the Court's directive in Padilla, the attorney's representation of your fiancé may have been constitutionally ineffective and a proper basis for vacating the plea of guilty.

    Joshua Sabert Lowther, Esq.
    NATIONAL FEDERAL DEFENSE GROUP
    jlowther@nationalfederaldefense.com
    http://www.NationalFederalDefense.com
    866.380.1782

  5. Raymond George Wigell

    Pro

    Contributor Level 19

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    Answered . Detention issues are complex and require a complete intake.

    Of course, every answer is based on the question asked and requires a complete context. This answer should NOT be... more

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