Groban Quoted in Article – Courts Differ About Retroactive Effect of High Court Counsel Ruling

New York Law Journal

Robert Groban, Chair of the Immigration practice, was quoted in an article titled "Courts Differ About Retroactive Effect of High Court Counsel Ruling," by Noeleen G. Walder.

The article discussed cases in which the Supreme Court's recent ruling in Padilla v. Kentucky is interpreted differently. In Padilla, 130 S. Ct. 1473 (2010), the Court held that an attorney's failure to inform a client of the collateral deportation consequences of a guilty plea amounted to ineffective assistance of counsel.

"The population of litigants who can challenge their convictions based on Padilla, while large in theory, might be limited as a practical matter, since defendants who face deportation as a result of a guilty plea might not have access to the judicial system," said Groban. He continued to state that it "may be difficult to get the jurisdiction of a U.S. court ?...if you've been removed and sitting in Burma."