ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Greg Siskind on Immigration Law and Policy

LA TIMES: RIGHT TO COUNSEL SHOULD INCLUDE COMPETENCE

Rating: 2 votes, 5.00 average.

The Los Angeles Times addresses the case the Supreme Court heard this week regarding the right of an immigrant defendant to competent legal counsel:



The right to counsel is one of the glories of this nation's legal
system, but it means little if a client can't depend on his lawyer to
provide an accurate account of his legal options. This week, the U.S.
Supreme Court confronted a compelling case of what can happen when a
defendant relies on inaccurate legal advice. Jose Padilla, a legal U.S.
resident and a Vietnam veteran, asked the justices to overturn his guilty plea to a drug charge because his lawyer had
misled him about whether the plea would lead to his deportation to his
native Honduras.

Instead of seeing Padilla's predicament as a clear violation of the 6th Amendment's right to counsel, several justices at an oral argument
agonized over whether a ruling in his favor would open what Justice
Antonin Scalia called a "Pandora's box" of new burdens on lawyers.

*****


We hate to rain on this parade of horribles, but Padilla's case need
not lead to a situation in which every lawyer would have to educate
himself about every conceivable consequence of a decision by his client
to plead guilty or testify in his own behalf. Padilla's lawyer proposed
a much more modest and manageable approach. Deportation, he said, is
among the few side effects of a guilty plea that is "so severe and so
material in a high number of cases" that inaccurate advice about it
should qualify as ineffective assistance of counsel.

If the
justices are still hesitant about expanding the reach of the 6th
Amendment, they could limit their ruling to situations, such as
Padilla's, in which a defendant asks his lawyer a question about the
immigration consequences of a guilty plea and the attorney provides an
inaccurate answer. That solution wouldn't require every lawyer to
research the immigration consequences of a guilty plea. But given the
fact that thousands of immigrants are deported each year for criminal
convictions, we would suggest a broader rule: A lawyer who represents
an immigrant subject to possible deportation should have an affirmative
obligation to know, and to tell his client, what the law is.

Submit "LA TIMES: RIGHT TO COUNSEL SHOULD INCLUDE COMPETENCE" to Facebook Submit "LA TIMES: RIGHT TO COUNSEL SHOULD INCLUDE COMPETENCE" to Twitter Submit "LA TIMES: RIGHT TO COUNSEL SHOULD INCLUDE COMPETENCE" to Google Submit "LA TIMES: RIGHT TO COUNSEL SHOULD INCLUDE COMPETENCE" to StumbleUpon Submit "LA TIMES: RIGHT TO COUNSEL SHOULD INCLUDE COMPETENCE" to Reddit Submit "LA TIMES: RIGHT TO COUNSEL SHOULD INCLUDE COMPETENCE" to Digg Submit "LA TIMES: RIGHT TO COUNSEL SHOULD INCLUDE COMPETENCE" to del.icio.us

Tags: None Add / Edit Tags

Comments

  1. George Chell's Avatar
    On a slightly different topic, they need to do something about the shortage of doctors in the rural areas..no waiting to train them is not an option. Yesterday's sixty minutes based on a H1N1 story in Arkansas showed that a kid almost died because there were too many patients to a doctor when he and his folks went with the symptoms. Three weeks ago, a Texas girl died because the clinic was overcrowded and she was only admitted after her symptoms got worse. If this gets worse racists such as Kirkorian, Stein, Camarotta, Vaughan and others in FAIR and CIS will have the blood of American children in their hands for their opposition to all immigration including Condrad 30 J1 program for doctors and we should expose them as such!
  2. George Chell's Avatar
    The story on sixty minutes..Blood of American children on the hands of the antis?

    http://www.cbsnews.com/video/watch/?id=5394553n&tag=contentMain;cbsCarousel
  3. Jim's Avatar
    The H1N1 is very real and is hitting hard the young and pregnant women. Some are also saying that just being female or being fat regardless of gender is already a major risk factor. It has also highlighted America's physician and nursing shortage and as well as lack of facilities as projections

    I am dumbfounded that the current situation w/ the H1N1is failing to provoke a response about the shortage of doctors and nurses. George is right, waiting to train them is not an option.

    Internationally-educated doctors though needs to undergo or re-do their medical residencies in the US, so that will take another 3-5 yrs depending on the specialty. However, that still beats training from scratch (med school to residency training w/c would be a total of 8-10 years, including 1 yr internship)

    On the other hand, international nurses can be easily brought in just by passing any of the numerous emergency nurse immigration bills. Thousands are already practically done with the immigration procedures and individual State licensing and literally just waiting for visas.

    These nurses will only need a couple of months orientation of their new work environment. And something tells me, they won't have qualms getting vaccinated for both the reg. flu shot and the H1N1 vaccine specially those coming from Asia as they are used to getting diff. shots starting from birth and then a couple more shots as a requirement for migration unlike the current resistance of domestic nurses of getting vaccinated for both regular flu and H1N1.

    This is exactly what happens when artificially keeping the physician and nursing shortage. Both physicians (less so than nurses) and nurses resisting getting vaccinated despite CDC and WHO repeatedly saying that it is safe plus hospitals reaching overcapacity and stressed out.



    **Swine flu could exceed hospital capacity in 15 states:
    http://www.usatoday.com/news/health/2009-10-03-swine-flu-hospitals_N.htm

    **traditionally only 40 percent of health care workers have opted to be vaccinated against the flu, according to the CDC. http://ac360.blogs.cnn.com/2009/10/06/vaccinate-indecision-decision/
  4. George's Avatar
    If no action is taken it will take care of itself when large numbers of deaths result and class action law suit is eventually filed against the nurses union and perhaps the federal government. The antis will as usual escape responsibility and the tax payer will be left holding the bag.
  5. Jim's Avatar
    "If no action is taken it will take care of itself when large numbers of deaths result and class action law suit is eventually filed against the nurses union and perhaps the federal government"

    REAL rationing is going to be inevitable. Rationing is already being done whether people realize it or not but the general public will really feel what is rationing once the situation gets worst. Florida State is already starting to lay down their plan. I won't be surprised if other States follows suit.

    http://www.sun-sentinel.com/news/nationworld/sfl-swine-flu-crisis-propublica-sboct18,0,2336680.story

    What nursing unions are trying to do? Instead of advocating their members to get vaccinated, they are striking on the safety lapses of hospitals against the H1N1 and failing to protect patients and their employees (them). Looks like they are priming to solely blame the hospitals and washing their hands of being part of the problem. Never mind that getting vaccinated is one of the simplest and most cost-effective things to do to protect themselves and their patients against H1N1.
  6. George Chell's Avatar
    Of course, the antis are not screaming about training more Americans and protesting budget cuts. They dont care whether they have blood on their hands or not. This clearly indicates that they dont give a damn about Americans especially sick Americans. The goal of CIS and FAIR and the individuals therein is to keep American majority white as long as possible. No protests from them about hiring foreign actors in Hollywood as most of them happen to be white and yes, no protest against budget cuts...they only scream when you try to alleviate the shortage through migration. They want hospitals to double nursing wages so that any health care reform will not help ordinary Americans.
  7. George Chell's Avatar
    Senator Vitter...according to him it is ok to demonize non-white immigrants, keep silent about interracial marriages, but ok to sleep with prostitutes as long as they happen to be white (I think this is also the principle of Mark Sanford and John Ensign!)

    http://tpmlivewire.talkingpointsmemo.com/2009/10/vitter-refuses-to-comment-on-justice-who-wont-marry-interracial-couples.php
  8. CB's Avatar
    George,

    Are you talking with Tom Friedman recently? How come he has so completely and comprehensively reflected your point of view?

    http://www.nytimes.com/2009/10/21/opinion/21friedman.html?_r=1&ref=opinion

    Highlights
    "In our subprime era, we thought we could have the American dream -- a house and yard -- with nothing down. This version of the American dream was delivered not by improving education, productivity and savings, but by Wall Street alchemy and borrowed money from Asia"

    "we need to understand that it is not only our financial system that needs a reboot and an upgrade, but also our public school system. Otherwise, the jobless recovery won't be just a passing phase, but our future."

    A usual readers are mad at Friedman for called a spade a spade. Check the comments section as well
  9. George's Avatar
    "We're not going back to the good old days without fixing our schools as well as our banks."

    When recession comes schools are the first to get cut. No protest from antis. However, when recovery comes and there is a shortage, antis suddenly discover the need to train Americans..their goal is what I have always said.
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: