Prejudice Issues
IDP is involved in ensuring that courts apply a meaningful prejudice standard. Read more »
Access to Courts Post Deportation
440 relief is available after deportation Read more »
Direct Appeals for Immigrant Clients
The New York Court of Appeals held in People v. Peque (2013) that a trial court has a duty under the due process clause to notify an immigrant defendant entering a felony plea that he may be subject to deportation as a result. IDP’s amicus brief argued that because deportation had become virtually automatic upon conviction of a wide range of NY offenses, the … Read more »
Pleas Entered Prior to Padilla
Padilla applies in cases where judgment was entered on or after March 2009. IDP’s position is that guilty pleas entered in ignorance of the consequence of deportation are unlawful and unjust, no matter the date. Read more »
Duty of Counsel Litigation
IDP supports efforts to develop a robust interpretation of counsel’s duty under Padilla. Read more »
Model New York CPL § 440 Materials
These materials are intended for use as a starting point in developing a New York CPL § 440 motion based on Padilla v. Kentucky. Read more »