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Court hears arguments on Ky. immigrant set to be deported

Thu, Oct 15th 2009 12:00 am
WASHINGTON (AP) - The Supreme Court this week heard arguments about whether immigrants must be told by their lawyers that they face deportation if they plead guilty to serious crimes.

The case involves a Honduran national who pleaded guilty in Hardin County to trafficking in marijuana after his lawyer assured him he would not face deportation. Jose Padilla is a Vietnam-era veteran who has lived in the United States for decades, although he never became a U.S. citizen.

Padilla's lawyer was mistaken. The federal government began proceedings to deport Padilla because trafficking is regarded as an "aggravated felony," for which deportation is mandatory.

Padilla later sought to withdraw the plea. The state Supreme Court said criminal lawyers have no duty to advise their clients about immigration issues.

Oral arguments were heard Tuesday morning.