ADVICE TO NON-CITIZENS

By Kulmeet Galhotra | Published: September 28, 2009
 
On October 13, 2009, the Supreme Court of the United States will hear argument in a case of interest to all of our members regarding advice to non citizens about the immigration consequences of a plea in a criminal case. Click this link for a detailed discussion of the facts and issues in Padilla v Kentucky.
Read the transcript from the oral argument in this case before the U. S. Supreme Court.
This entry was posted in Hot Legal Topics. Bookmark the permalink. Both comments and trackbacks are currently closed.
  • http://www.keglawyers.com Joe

    Well, in essence our laws really only apply to citizens. But in the cases where counsel was appointed, I think a defendant should be told that they might be deported for criminal behavior.

  • Bruce Mosbacher, Executive at Large

    Joe:

    Our laws apply to almost everyone here in the USA, citizen or not. In our courts and jails and prisons you will find plenty of non citizens; be they tourists or resident aliens or completely illegal. Non citizens receive all the benefits of due process including the services of free appointed counsel, interpreters etc in our criminal courts. I’m sure thts true in CA as well.

    Bruce

  • Stu

    I wonder where or if Joe went to law school. He is clearly not talking about the U.S. Constitution, which as Bruce points out, applies to everyone in the U.S. even if not here legally. Also even in foreign countries our government is bound by the provisions on the Constitution clearly when applied to U.S. citizens but also in some cases to non-citizens.
    To make matters worse, by Joe’s logic, any non-citizen could do what they wanted- rape, murder robbery and be free from prosecution because “in essence our laws really only apply to citizens”
    Maybe a few of these non-citizens can look Joe up, visit his home and take it over. Since the laws don’t apply to them, they have free license to do what they want. They aren’t bound by property laws, criminal laws, you name it. Come on Joe you can’t be that stupid.

  • ruth mcbeth

    Dear Gentlemen, You are almost correct. Most of the constitution applies to humans, whether citizens or not. The fourth amendment protects the people, that is, U.S. citizens, according to Supreme Court precedent.

  • Bruce Mosbacher

    Ruth my dear friend:

    I am not at all sure that gentleman applies here,but are you saying that if I litigate an otherwise meritorious 4th Amendment motion on behalf of a non-citizen client, the State can get the motion directed out?

    Bruce

  • Categories

  • Archives

    • ►2012 (7)
    • ►2011 (53)
    • ►2010 (47)
    • ►2009 (80)
    • ►2008 (76)
    • ►2007 (69)
    • ►2006 (8)