By Norton Tooby

The narrow holding of Padilla does not apply where a defendant represented him- or herself in the criminal case, because there is no counsel who is obligated affirmatively to give accurate advice concerning the immigration consequences of the plea. Padilla v. Kentucky, 130 S. Ct. 1473 (2010).

            There are, however, three possible grounds of legal invalidity—two stronger and the third so weak it probably should not be made.