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- Title
Looking for Wrongs in All the Right Places.
- Authors
Stumpf, Juliet P.
- Abstract
This contribution to the symposium on crimmigration law identifies Padilla v. Kentucky as the center of gravity of contemporary crimmigration law. This essay describes Padilla v. Kentucky as modeling a counter-intuitive approach to recognition of rights. Rather than seeking to sow a right to counsel in the contested field of immigration law, Padilla recognized a right to deportation counsel in the criminal justice system where appointed counsel was already well-rooted, and where tendrils of that right reach into the neighboring field of deportation law. This essay examines examples of this model of relocating rights claims to more fertile fields, outside of immigration law, in ways that resonate within immigration law. This essay recounts Justice Stevens ' story of the life and death of the Judicial Recommendation Against Removal (JRAD) and explains that the story of the JRAD is also a history of how the penalizing power of deportation eclipsed the criminal sentencing apparatus. The holding of Padilla is the resolution of this tale. It is a story of rejuvenation, in which a well-placed constitutional right?like the proverbial nail that saves the kingdom?puts the intersecting systems of criminal and immigration law back in balance, resurrecting the role of criminal sentencing.
- Subjects
UNITED States; DEPORTATION; PADILLA v. Kentucky; IMMIGRATION law; CRIMINAL law; CIVIL rights
- Publication
New England Journal on Criminal & Civil Confinement, 2016, Vol 42, Issue 2, p191
- ISSN
0740-8994
- Publication type
Essay