Winning Padilla Claims: Immigration-Related Ineffective Assistance of Counsel
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Hard Copy (with audio)
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PDF Edition (with audio)
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Hard Copy & PDF Edition (with audio)
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In Padilla v. Kentucky, the U.S. Supreme court held that since 1996, criminal defense counsel rendered ineffective assistance of counsel by failing to give accurate advice on the immigration consequences of a plea. Many clients have Padilla claims that may allow them to avoid deportation by reopening their cases and trying to negotiate an immigration-neutral alternative disposition. This brand new book offers 400 pages of expert assistance in evaluating and winning Padilla claims nationwide.
The Law Offices of Norton Tooby is happy to announce that the seminar book (revised, updated and professionally bound since March 2012) and audio from our 2012 seminar, "Winning Padilla Claims: Master Class on Ineffective Assistance of Counsel," are now available. You may view the book's Table of Contents by clicking here. The materials include:
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A 400-page book, featuring up-to-date note guides from the seminar; practice aids from Norton Tooby; practice advisories; law review articles; judicial decisions; pleadings; and much more.
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Audio of the entire March 10, 2012 seminar This includes 6 and a half hours of valuable insight into the implications of Padilla from Norton Tooby and Rose Cahn.
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Current state of criminal and immigration law after Padilla.
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Valuable information on evaluating the chances of post-conviction relief success; the implications of Padilla for post-conviction relief success; the implications of Padilla for post-conviction relief, including procedure, vehicles, and retroactivity; immigration-related claims of ineffective assistance of counsel; and proof of prejudice.
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You may view the detailed Table of Contents by clicking here.
The bound book is bundled with the audio for only $245. Additionally, we are selling an eBook of the seminar materials including audio for $195.
Highlights:
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403 pages
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6.5 hours of audio from the 2012 seminar
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Brand new with updates for 2012
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Useful in any jurisdiction nationwide
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Current state of criminal and immigration law
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Several relevant judicial decisions and practice advisories
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Save a great deal of time in research
Praise from the March, 2012 seminar
“Thanks for the written materials--exceptional!”
- Otis Landerholdm, San Francisco, CA
"Good materials. Very up to date and practical information."
- Su Yon Yi, San Francisco, CA
"After reading Mr. Tooby's online PDF, I appreciated going into depth on issues some of my future clients may face. I learned a lot."
- Katie Mathews, Davis, CA
"I came with specific queries. The question and answer was excellent."
George Kasolas, San Jose, CA
"Solutions to many problem cases were provided."
-Michael Jacob, Bainbridge Island, WA
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Hard Copy (with audio)
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PDF Edition (with audio)
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Hard Copy & PDF Edition (with audio)
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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.
