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Immigrants and State Courts

Immigrants and State Courts

The New York Family Court Act & Federal Immigration Law, Policy & Enforcement

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FCA Article 3 - Juvenile Delinquency

Padilla in Delinquency Proceedings

Lawyers have a duty to advise about the immigration consequences of a plea in criminal proceedings. Padilla v. Kentucky, 130 S Ct. 1473 (2010)

  • Juveniles may face consequences just as severe as criminal defendants, including deportation, even though delinquency adjudications are not criminal.
  • Case law does not directly addresses whether Padilla applies to delinquency proceedings. For further analysis: Law Review Article.
  • Lawyers have a professional and ethical duty to advise on immigration consequences.
  • It is prudent for the court to provide counsel with an opportunity to adequately advise in accordance with Padilla v. Kentucky.
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FCA Article 3 - Juvenile Delinquency

  • Opportunities for Immigration Status
  • Consequences of JD for Immigration
  • Sealing Family Court Records
  • Padilla in Delinquency Proceedings
  • Additional Resources Related to Delinquency
  • FCA Article 3 Slide Presentation

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