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Immigration Law

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Federal Rules of Criminal Procedure have been amended effective December 1, 2013 to mandate that federal judges advise non-citizens of the potential negative immigration consequences that a guilty plea may have

On Behalf of | Dec 2, 2013 | Uncategorized

Starting this week, non-citizens pleading guilty in federal court must be given the following admonishment by the district court judge prior to the judge accepting a plea of guilty from such defendant:

“Effective December 1, 2013, an amendment to Rule 11(b)(1) takes effect that requires a [federal district court] judge, during a plea colloquy, to inform the defendant and ensure that he understands that “if convicted, a defendant who is not a United States citizen may be removed from the United States, denied citizenship, and denied admission to the United States in the future.” Fed. R. Crim. P. 11(b)(1)(O). This amendment is intended to implement the holding in Padilla v. Kentucky, 130 S. Ct. 1473 (2010). Information on the background of this amendment is here:

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