[JURIST] The US Supreme Court [official website; JURIST news archive] on Wednesday ruled [opinion, PDF] 7-2 in Padilla v. Kentucky [Cornell LII backgrounder; JURIST report] that the Sixth Amendment [text] guarantee of effective assistance of counsel requires a criminal defense lawyer to advise a non-citizen client that pleading guilty to an aggravated felony will trigger mandatory, automatic deportation. The Supreme Court of Kentucky ruled [opinion, PDF] that a guilty plea induced by bad advice does not amount to ineffective assistance of counsel and does not warrant setting aside the guilty plea. In reversing the decision below, Justice John Paul Stevens wrote:

We granted certiorari to decide whether, as a matter of federal law, Padilla's counsel had an obligation to advise him that the offense to which he was pleading guilty would result in his removal from this country. We agree with Padilla that constitutionally competent counsel would have advised him that his conviction for drug distribution made him subject to automatic deportation. Whether he is entitled to relief depends on whether he has been prejudiced, a matter that we do not address.