Padilla Post-Conviction Relief
IDP works to ensure that Padilla is interpreted fairly such that non-citizen defendants receive the full benefit of their Sixth Amendment rights.
New York and other post-conviction relief practitioners and litigants are encouraged to contact IDP for litigation support and technical assistance.
Additionally, IDP is interested in filing amicus briefs on impact Padilla issues in the appellate courts; practitioners and litigants may contact IDP to discuss amicus support.
Resources
- Post-Conviction Relief State Summary Chart (April 2022)
- Prejudice Issues (last updated 2/8/2017)
- Access to Courts Post Deportation (last updated 3/26/2014)
- Direct Appeal for Immigrant Clients (last updated 11/19/2013)
- Pleas Entered Prior to Padilla (last updated 7/15/2014)
- Duty of Counsel Litigation (last updated 4/4/2012)
- Model of New York CPL §440 Materials (last updated 3/31/2014)
- Model Motion to Vacate Judgement Using the Rebuttable Presumptions in New York CPL § 440.10(1)(j) (last updated 8/28/2019)
- Model Motion to Vacate Judgement Using the Rebuttable Presumptions in New York CPL § 440.10(1)(k) (last updated 8/28/2019)
- Special Considerations for Non-citizen Defendants Regarding Implementation of Youthful Offender Rederminations (last updated 1/13/2022)