The Defending Immigrants Partnership has published a Chaidez advisory detailing the claims for post-conviction relief that can still be asserted by immigrants who were not properly advised regarding the immigration consequences of a pre-Padilla criminal case.
Chaidez is not the end of the story for these cases, and there are ways to fight dismissal of Padilla claims for convictions that were final on March 31, 2010. Stay tuned for model briefing and practice tips on NY-specific strategies to defeat dismissal post-Chaidez.