Gleb Ivanov

Document Type


Publication Date

Spring 2020


In a landmark case, Padilla v. Kentucky, the U.S. Supreme Court held that the Sixth Amendment to the U.S. Constitution required defense counsel to advise clients who plead guilty that conviction may result in deportation. The Court’s rationale was based on the premise that this information was vital to the client’s decision-making process. Even so, the Court declined to explore a more reliable ground for developing a narrower understanding of a client’s immigration status, particularly the potential effect of the status on common criminal prosecutions, for instance, assault or burglary. This paper submits that under current law, immigration status has a substantial effect on the criminal prosecution and sentencing of immigrants for everyday non-immigration related crimes.

Included in

Criminal Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.