Post-Conviction Remedies Limited by Supreme Court

On February 20, 2013, the U.S. Supreme Court held Padilla did not apply retroactively to a federal conviction finalized before March 31, 2010. Chaidez v. United States (No. 11-820, slip. op. (February 20, 2013)). However, this opinion left open the question of whether defendants may challenge federal convictions under Padilla in a timely filed first post-conviction motion. The post-conviction attorney can also argue that another established constitutional duty (potentially the duty to negotiate effectively) was violated. For more information on how to argue for post-conviction relief for a conviction finalized prior to March 31, 2010, we encourage you to read the Immigrant Defense Project and National Immigration Project’s practice advisory.