Can a defense counsel's affirmative misadvice as to the immigration consequences of a guilty plea be objectively reasonable?

MultiRegion, United States of America

The following excerpt is from Rodriguez v. United States, 16-3739-cv (2nd Cir. 2018):

("[N]o reasonable jurist could find a defense counsel's affirmative misadvice as to the immigration consequences of a guilty plea to be objectively reasonable."); Padilla v. Kentucky, 559 U.S. 356, 365-68 (2010) (holding that deportation is always "a particularly severe 'penalty,'" and the failure by counsel to properly advise client of deportation consequences was constitutionally deficient). Here, counsel's apparent advice to Rodriguez that she did not have to worry about the immigration consequences of a plea ignored the possibility of denaturalization. Accordingly, the question is whether Rodriguez was prejudiced by her counsel's deficient performance.

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