Commonwealth v. Sylvain

In 2007, the defendant, Kempess Sylvain, a non-citizen 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, 559 U.S. 356, 366, 373-374 (2010) (Padilla), regarding a criminal defendant’s right under the Sixth Amendment to the United States Constitution to accurate advice as to the deportation consequences of a…