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Misadvising defendant of the immigration consequences of a guilty plea is IAC

By John Wesley Hall, Jr.

Defense counsel's misadvising defendant of the immigration consequences of a guilty plea (i.e., likely deportation) is grounds for coram nobis relief in the U.S. military courts. A mere failure to advise is not IAC, but misadvice is. Denedo v. U.S., 2008 WL 657868 (C.A. Armed Forces March 11, 2008): An attorney's failure to advise an accused of potential deportation consequences of a guilty plea does not constitute deficient performance under Strickland. See, e.g., United States v. Fry, 322 F.3d 1198, 1200 (9th Cir. 2003). An affirmative misrepresentation about such consequences, however, can constitute deficient performance, particularly when the client requests the information and identifies the issue as a significant factor in deciding how to plead...continue to full post

Full post as published by Law Of Criminal Defense on March 15, 2008 (boomark / email).