The California Court of Appeals, First Appellate District, has determined that a defense counsel is not required under Padilla to state that a mandatory deportability offense will definitively lead to deportation. “Chen was told the single felony had the potential to cause her removal from the United States and she would not be allowed to come back. This clearly imparts a risk of deportation as required under Padilla and provided Chen notice and the ability to more fully explore, if she wished, the immigration impact of her plea. Moreover, we are unwilling to require counsel to state deportation will be certain because it may not be accurate advice, even in cases where an offense qualifies for mandatory deportation under federal law.”
The full text of People v. Chen can be found here: