August 21, 2019

Tenth Circuit: Proper Forum to Attack Constitutionality of Guilty Plea is in State Court Application for Post-Conviction Relief, Not Immigration Proceedings

The Tenth Circuit Court of Appeals issued its opinion in Vasiliu v. Holder, Jr. on Tuesday, June 28, 2011.

The Tenth Circuit dismissed the petition for review. Petitioner, a native of Romania who was admitted to the United States as a permanent resident in 1982, pled guilty to criminal possession of a weapon and assault and battery/domestic abuse, and was subsequently charged with removability. While he stated that his criminal convictions supporting the removability were not final, the Court found otherwise. The constitutional objection asserted in this petition, that his guilty plea to domestic abuse was constitutionally defective, raises collateral issues that are beyond the scope of the Court’s review or jurisdiction; the proper forum is with his application for post-conviction relief in state court.

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