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COMMONWEALTH v. SYLVAIN

SJC-11400

466 Mass. 422 (2013)

COMMONWEALTH v. KEMPESS SYLVAIN.

Supreme Judicial Court of Massachusetts, Suffolk.

September 13, 2013.

Attorney(s) appearing for the Case

Wendy S. Wayne , Committee for Public Counsel Services ( Laura Mannion Banwarth with her) for the defendant.

Cailin M. Campbell , Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Christopher N. Lasch , of Colorado, for Massachusetts Legal Academics.

Sejal Zota , of North Carolina, & Paromita Shah , Todd C. Pomerleau , & Sarah Unger for National Immigration Project of the National Lawyers Guild & others.

David M. Siegel for David M. Siegel & another.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

CORDY, J.

In 2007, the defendant, Kempess Sylvain, a noncitizen lawfully residing in the United States, pleaded guilty to possession of a controlled substance, subjecting him to automatic deportation from the United States. After the defendant's conviction was final, we decided Commonwealth v. Clarke, 460 Mass. 30, 34, 37, 45 (2011) (Clarke), which held that the rule announced in Padilla v. Kentucky...

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