January 28, 2009

Randall Signs on to Amicus Brief concerning 6th Amendment Rights


Randall is one of the immigration law professors that signed on to the Amicus Curiae (friend of hte court) brief for the U.S. Supreme Court in an attempt to get the U.S. Supreme Court to accept a case involving an immigrant's right to effective counsel under the 6th amendment of the Constitution. Click the link (above) to view the brief.

The questions presented are:

1) Does the Sixth Amendment's guarantee of effective assistance of counsel require a criminal defense attorney to advise a client who is not a citizen that pleading guilty to an aggravated felony will trigger mandatory, automatic deportation?

2) If a criminal defense attorney misadvises his noncitizen client that a guilty plea will not lead to deportation, and that misadvice induces a guilty plea, can that misadvice amount to ineffective assistance of counsel and warrant setting aside the guilty plea?

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