November 18, 2017

Colorado Court of Appeals: Plea Counsel Correctly Advised Defendant of Likelihood of Deportation

The Colorado Court of Appeals issued its opinion in People v. Juarez on Thursday, October 19, 2017.

Foreign National—Immigration—Criminal Attorney—Ineffective Assistance of Counsel—Deportation.

Juarez is a Mexican foreign national who has lived in Denver since he was approximately 6 years old. In 2009 he was granted lawful permanent residence status. In 2011, after cocaine was found in his possession, Juarez was charged with one felony count of possession of a controlled substance. Juarez pleaded guilty to possession of a schedule V controlled substance, a class 1 misdemeanor. During his providency hearing, Juarez’s attorney acknowledged that this misdemeanor under Colorado state law was the equivalent of a felony under the Immigration and Naturalization Act. Juarez told the court that he understood that the plea could affect his immigration status. Juarez was sentenced to drug court, and after testing positive for THC, he was deported to Mexico. He filed motions for postconviction relief alleging ineffective assistance of counsel, which were denied.

On appeal, Juarez argued that his attorney performed deficiently by failing to inform him that he would be subject to “mandatory deportation” if convicted. Juarez’s attorney acted within the objective standard of reasonableness by informing Juarez that he was “very likely” to be deported by entering into the plea agreement. Therefore, Juarez’s attorney provided constitutionally effective representation.

Juarez also argued that his attorney was required to advise him that his guilty plea would result in lifetime inadmissibility to the United States, mandatory detention, and destruction of the defense of cancellation of removal. Criminal defense attorneys are not required to function as immigration lawyers, and the court of appeals found no support for these arguments. Counsel’s performance was within the range of competence demanded of attorneys in criminal cases.

The order was affirmed.

Summary provided courtesy of Colorado Lawyer.

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