State v. Javier Bedolla, 2006 WI App 154, (AG’s) PFR filed 7/26/06
For Bedolla: Susan E. Alesia
Issue: Whether the defendant failed to show likelihood of deportation, so as to entitle him to plea withdrawal under § 971.08(1)(c), where a detainer had already been filed against him in another case which would also subject him to deportation.
Holding:
¶10 What is relevant is that Bedolla, a non-citizen, has entered a no contest plea to a deportable offense, the required statutory warnings were not given, and the federal government has filed a detainer against him for his possible deportation. The detainer filed against Bedolla simply states, “Investigation has been initiated to determine whether this person is subject to removal from the United States.”
¶11 Wisconsin Stat. § 971.08(2) uses the term “likely” and not “shall,” meaning a defendant need not prove he definitely will be deported on this case. Even though the earlier conviction sparked the investigation and immigration detainer, this additional sexual assault conviction obviously will now be included as part of the Immigration and Naturalization Service’s information when determining whether to deport him. Because the sexual assault offense will be considered as a basis, in full or part, for his possible deportation, Bedolla has shown his plea to this offense is likely to result in his deportation. Consequently, Bedolla must be permitted to withdraw his plea.
