Question presented: To trigger deportability under 8 U.S.C. § 1227(a)(2)(B)(i), must the government prove the connection between a drug paraphernalia conviction and a substance listed in section 802 of the Controlled Substances Act? Lower court opinion: Mellouli v. Holder, 719 F.3d 995 (8th Cir. 2013). Docket Scotusblog page This case will be of interest primarily to lawyers handling immigration… Read more
d. Deportation
State v. Ivan Mendez, 2014 WI App 57; case activity When Mendez pleaded guilty to maintaining a drug trafficking place his attorney failed to inform him that a conviction for charge would subject him to automatic deportation from the United States with no applicable exception and no possibility of discretionary waiver. Padilla v. Kentucky, 559 U.S. 356, 363 (2010)… Read more
State v. Ali Mursal, 2013 WI App 125; case activity Before accepting a defendant’s guilty or no contest plea the court is required to advise the defendant there may be immigration consequences. Wis. Stat. § 971.08(1)(c). While that statute prescribes a text for the required warning—complete with quotation marks—the court of appeals holds in this… Read more
State v. Juan M. Rodriguez-Faustino, 2012AP2777, District 1, May 29, 2013; court of appeals decision (1-judge; ineligible for publication); case activity Rodriguez-Faustino pled to a misdemeanor drug offense and, in January 2007, was placed on probation for 12 months. (¶¶4-5). In September 2012 he filed a motion to withdraw his plea, asserting his attorney was… Read more
Chaidez v. United States, USSC No. 11-820, affirming 655 F.3d 684 (7th Cir. 2011) Issue: We know that Padilla v. Kentucky, 559 U.S. 356 (2010) requires counsel to advise a defendant about the risk of deportation arising from a guilty plea. The question presented by Chaidez is whether or not that rule applies retroactively so… Read more
State v. Abraham C. Negrete, 2012 WI 92, affirming summary order; case activity Negrete’s motion to withdraw his 1992 guilty plea, on the ground that he wasn’t personally advised of deportation consequences, § 971.08(2), was denied by the circuit court without a hearing. The court upholds that result: ¶2 In support of his motion, Negrete stated in an affidavit that… Read more
on review of summary order (District 2); for Negrete: Jeffrey W. Jensen; case activity Plea Withdrawal – Collateral Attack – Deportation Consequences Issues (Composed by On Point): 1. Whether the laches doctrine bars Negrete’s motion to withdraw his guilty plea, 18 years after he entered it. 2. Whether Negrete’s assertion that he didn’t know his… Read more
State v. Hou Erik Vang, 2010 WI App 118; for Vang: John L. Sesini; BiC; Resp.; Reply ¶1 Hou Vang appeals an order denying his motion to withdraw his no contest pleas to second-degree sexual assault of a child and felony bail jumping. Vang argues WIS. STAT. §§ 971.08(1)(c), (2)[1] entitle him to withdraw his pleas because… Read more
