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86 Tul. L. Rev. 219 (2011-2012)

handle is hein.journals/tulr86 and id is 221 raw text is: COMMENTS Emergence of a Deportation Gideon?: The Impact of Padilla v Kentucky on Right to Counsel Jurisprudence Duncan Fulton* In Padilla v. Kentucky, the United States Supreme Court imposed a Sirth Amendment mandate on criminal defense attorneys to warn their clients of the mignmration consequences of a cnminal plea. Rooted in Sixth Amendment preceden4 the Courth new constitutional requirment amse prncipally out of its concern that the unique natur of mnmigration consequences required heightened due process protections. This Comment analyzes Padilla & specific impact on the concept of a nght to appointed counsel in deportation pmceedngs. Although no deportation Gideon nght existed before Padilla, signs indicate that the Court may be willing to revisit the issue. Aler explaining Padilla s relation to nght to counsel juinsprudence, the Comment explores how the Courth newly heightened concerns over due process protections in immigration proceedgs will affect its future analysis of the nght as applied to the immigrtion context This Comment concludes with an analysis ofthe manner in which the Court might come to recognize a categoncal nght to counsel in deportation proceedings. I. INTRODUCTION. ................................ ......220 II. HISTORICAL DEVELOPMENT OF THE SIXTH AMENDMENT RIGHT TO COUNSEL..................................221 III. THE COURT'S DECISION IN PADLLA vKEVTuCKY....................226 IV PADLLA MODIFICATIONS TO RIGHT TO COUNSEL JURISPRUDENCE ............................... ......230 A. ApplyingMathews v. Eldridge UnderPadilla ..................231 B. Padilla andPrejudice i Aguilera-Enriquez .... .....234 C Padilla and the Societal Evoludon ofFundamental Farness. ....................... ... ...... 235 V THE ESTABLISHMENT OF A CATEGORICAL DEPORTATION RIGHT TO COUNSEL POST-PADILLA .............. ...........238 VI. CONCLUSION ............................................244 * 0 2011 Duncan Fulton. J.D. candidate 2012, Tulane University School of Law; B.A. 2008, Spanish & European Studies, magna cum laude, Vanderbilt University. I would like to thank my family for its support and the members of the Tulane Law Review for their tireless editing. 219

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