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Jeremy Colley

, and Heather Ellis Cucolo

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date: 04 August 2021

Chapter 29 includes cases related to the rights of individuals subject to immigration proceedings, with particular focus on the right to be made aware of the potential immigration consequences of taking a guilty, competence to participate in the proceedings, and the related right to representation where competence is in question. While criminal case recommendations are beyond the purview of forensic practitioners, those involved in mental health diversion programs should be aware of the potential consequences of diversion participation for defendants at risk of deportation. In addition, forensic evaluators are called upon to opine about the impact of mental illness and/or cognitive disability on competence to participate in the immigration proceedings. The cases in this chapter include Padilla v. Kentucky and Matter of M-A-M.

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