Deportation advice for old convictions
Chaidez v. United States
In brief
The Supreme Court agreed with the Seventh Circuit: Padilla's rule does not apply to convictions already final after direct review.
- Where it stands
- Decided
Decided 7-2 · February 20, 2013 · Opinion by Justice Kagan
- What it’s about
- Roselva Chaidez argued that the rule requiring defense lawyers to advise clients about deportation risks from guilty pleas should apply to her conviction, which was already final before the rule was announced.
- Who it affects
- People whose convictions were already final after direct review when Padilla was decided cannot rely on its lawyer-advice rule in a later challenge.
Summary: written with AI from the case record.
What it's about
The Supreme Court ruled that the rule does not apply to convictions already final at that time and agreed with the Seventh Circuit (affirmed its decision).
In Padilla v. Kentucky, the Supreme Court said defense lawyers must advise clients about deportation risks from guilty pleas.
Question presented
Does the Padilla rule on ineffective assistance of counsel apply to persons whose convictions became final before its announcement?
What the Court decided
Holding
Padilla does not apply retroactively to cases already final on direct review. Pp. 3 − 15. 655 F. 3d 684, affirmed.
- Result
- Affirmed
The vote
From the opinions
“I respectfully dissent.”
What's next
The Seventh Circuit's decision remains in place. Lower courts apply the ruling to cases whose direct appeals were already over when Padilla was decided.
Documents
Opinions
Audio
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Audio Recording added: Oral Arguments - Chaidez
Opinion added: Chaidez
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.