AAPL Landmark - Immigration

Question 1

Does the 6th Amendment impose an affirmative duty on a criminal defense attorney to advise his client that mandatory deportation will result from a guilty plea?

Answer 1

Yes.

Padilla v. Kentucky (2010).

Question 2

Is evidence of lack of competence to participate a relevant consideration in immigration proceedings?

Answer 2

Yes.

Matter of M-A-M, 25 I. & N (2011).