Padilla Seminar Materials

NOTE: this publication is out of date. For the updated materials from Norton Tooby's 2012 Padilla seminar, see Winning Padilla Claims.




In March, 2010, the Supreme Court decided Padilla v. Kentucky, holding that criminal counsel must give correct advice to each defendant on the immigration consequences of a plea.  Mr. Tooby, recognized as one of the foremost post-conviction attorneys for immigrants in the country, has given a four-hour national master’s class on post-conviction claims of ineffective assistance of counsel after Padilla.  These Padilla Seminar Materials contain all information – both oral and written – from the seminar:


  • The written Seminar Materials (more than 100 pages in length) from the Master Class, and  

  • The audio from the complete four-hour seminar.  



Reviews of this Seminar 


“Excellent seminar!  Great questions and comments.” – Nina E. Daly 


“Great outline, very organized materials.” – Sean Lewis


"Best value was off topic, Norton's digressions!"- Seminar Participant 


“I always enjoy learning in your seminars and your books are truly my library sources!” – Nora Milner 


“I leave with many ideas as to strategies to plead Padilla.  Great resource materials.  Cutting edge content.” – Michael Selph


Seminar Topics


I. Immigration-Related Claims of Ineffective Assistance of Counsel After Padilla

Padilla established or strengthened several different claims of IAC: affirmative misadvice, failure to advise, and failure to defend. It did not even mention, however, equally important traditional IAC claims based on failure to use immigration consequences as a powerful equity to obtain shorter sentences and pleas to less serious offenses.


II. Proof of Prejudice 

While Padilla did not directly address the question of prejudice, to obtain PCR, counsel must establish prejudice, a topic as important to the client as the IAC claim itself.


III. Implications of Padilla for Post-Conviction Relief 

Procedure, Vehicles, and Retroactivity – The Supreme Court's landmark decision in Padilla v. Kentucky requires counsel affirmatively to advise their clients on the actual immigration consequences of a plea. This session will discuss Padilla's many important implications: for defense counsel, for post-conviction counsel, for and post-conviction procedure.



NOTE: this publication is out of date. For the updated materials from Norton Tooby's 2012 Padilla seminar, see Winning Padilla Claims.



Mr. Tooby’s Credentials


Norton Tooby graduated in 1967 with a B.A. from Harvard, and in 1970 with a J.D. from the Stanford Law School, where he served as President of the Stanford Law Review.  He is listed in BEST LAWYERS IN AMERICA and BEST LAWYERS IN CALIFORNIA.  In 2000, the Immigrant Legal Resource Center awarded him its Philip Burton Immigration & Civil Rights Award for Immigration Lawyering for "his pioneering work in the field of post-conviction relief for immigrants."  His national practice is based in Oakland, California.  He obtains post-conviction relief from criminal convictions for immigrants nationwide, writes practice manuals for immigration and criminal lawyers, gives seminars, and maintains this legal research website. He also consults concerning immigration consequences of past and future criminal convictions.


Casework.   He a death penalty appeal, reversing all convictions, and setting the client at liberty.  People v.  Marks (1988) 45 Cal.3d 1335.  His published decisions relating to post-conviction relief for immigrants include People v. Totari (2003) 111 Cal.App.4th 1202 (reversing trial court’s order denying a motion to vacate a conviction under Penal Code § 1016.5); People v. Totari (2002) 28 Cal.4th 876 (denial of a motion to vacate a conviction under Penal Code § 1016.5 is appealable); In re Resendiz (2001) 25 Cal.4th 230 (defense counsel’s misadvice concerning actual immigration consequences of plea can constitute ineffective assistance of counsel)(represented amici curiae on the briefs and at oral argument); People v. Kim (2009) 45 Cal.4th 1078, 202 P.3d 436 (holding petitioner ineligible for a writ of error coram nobis on the facts of the case); consultant on merits and amicus briefing in Padilla v. Kentucky, 559 U.S. ___, 2010 WL 1222274 (2010)(criminal defense counsel has constitutional duty to give affirmative, accurate advice on immigration consequences to noncitizen defendants as requirement of effective assistance of counsel).


Publications – TOOBY'S GUIDE TO CRIMINAL IMMIGRATION LAW: HOW CRIMINAL AND IMMIGRATION COUNSEL CAN WORK TOGETHER (2009); POST-CONVICTION RELIEF FOR IMMIGRANTS (National Edition 2004), CALIFORNIA POST-CONVICTION RELIEF FOR IMMIGRANTS (2d ed. 2009), CALIFORNIA EXPUNGEMENT MANUAL (2002), CATEGORICAL ANALYSIS TOOL KIT (2009); and, with J.J. Rollin, CRIMINAL DEFENSE OF IMMIGRANTS (4th ed. 2007), SAFE HAVENS: HOW TO IDENTIFY AND CONSTRUCT NON-DEPORTABLE CONVICTIONS (2005), CRIMES OF MORAL TURPITUDE (3d ed. 2009), and AGGRAVATED FELONIES (3d ed. 2006). He publishes a free monthly eNewsletter on criminal immigration law, and a premium monthly eNewsletter on California post-conviction relief for immigrants.


Seminars – For nearly 20 years, he has given day-long seminars in California and nationwide on criminal immigration law, in partnership with the finest immigration nonprofits, including the National Immigration Project of the National Lawyers Guild in Boston, the Immigrant Defense Project in New York, and the Immigrant Legal Resource Senter in San Francisco, and has spoken nearly every year since 1995 at the American Immigration Lawyers Association national conference.