Amrita Lamba is one of Professor Birdsong’s favorite students. She graduated from Barry Law with her J.D. degree last Saturday. Before her graduation she did a directed research project under my supervision. Her research resulted in a well written and informative article about the Padilla v. Kentucky case recently decided by the U.S. Supreme Court and how it may change the immigrant’s world. Ms. Lamba has given me permission to share her article with the world.
Read it and learn.
MR. PADILLA CHANGES THE IMMIGRANT’S WORLD
How Criminal Convictions Are Impacting Immigration Cases and Ineffective Assistance of Counsel Claims
by: Amrita K. Lamba
MR. PADILLA CHANGES THE IMMIGRANT’S WORLD
HOW CRIMINAL CONVICTIONS ARE IMPACTING IMMIGRATION CASES AND INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS
I. Introduction
There are over 12.8 million legal permanent residents in the United States.[1] Their backgrounds, cultures, physical characteristics, and country of origins may all vary, but they come to American to establish their home and roots in the community.[2] They contribute to the general economy “…as members of the workforce or as small business owners, raise families, and join the military…”[3] Just like citizens of the United States, sometimes immigrants can “…run afoul of the law.”[4] However, when they face the criminal justice system they are subject to more disadvantages than citizens because of cultural differences and language barriers.[5] This “problem [has] compounded…under current immigration law[s because], convictions of many types of relatively minor crimes result in mandatory detention and deportation.”[6]