Padilla v. Kentucky: Keeping Up with Societal Changes – U.S. Immigration Law Proposals for Legal Professionals in an Effort to Avoid Legal Malpractice because of Ineffective Assistance of Counsel

This legal scholarly writing is illustrative of a combination of two legal pedagogic templates: a casenote and an article. It can be classified as a casenote because it analyzes Padilla v. Kentucky, a recent U.S. Supreme Court decision intimately tied to immigration law and proper Sixth Amendment rights afforded to non-citizens. On the other hand, this writing can also be described as an article because, with Padilla standing as its basis and foundation, it offers new proposals and ideas in an effort to ameliorate the transforming, ever-changing and cumbersome immigration law practice of the U.S.

Current immigration law  dictates that deportation  is the mandatory result of many criminal convictions, including minor crimes . An estimated 150,000 non-citizens (i.e., immigrants) will be deported by the end of next year because of convictions resulting in mandatory deportation. Most non-citizens, and their respective attorneys, fail to realize that once they plead guilty to a crime (which is usually done in an attempt to secure a minimum punishment), they unknowingly initiate their own deportation proceedings.