Since 1996, lawful resident aliens have been subject to deportation if guilty of an “aggravated felony” as defined under the federal Immigration and Nationality Act. Competent defense lawyers for noncitizen clients have since then been alert to the consequences of convictions.
But unfortunately, not all lawyers are competent. In State v. Nunez-Valdez, 200 N.J. 129 (2009), our Supreme Court directed trial judges to inquire of resident aliens who waived their right to trial to make sure that each knew that “if your plea of guilty is to a crime considered an aggravated felony under federal law you will be subject to deportation/removal.” The next year, in Padilla v. Kentucky, 130 S. Ct. 1473 (2010), the U.S. Supreme Court declared an affirmative duty on defense counsel to advise their clients of the immigration consequences of a guilty plea.
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