Isxaaq v. State

Citations

• 963 N.W.2d 260
• 2021 ND 148

Syllabus

Whether an applicant for post-conviction relief adequately understands English without an interpreter is a finding of fact that will be affirmed on appeal if not clearly erroneous. An applicant cannot establish prejudice on an ineffective assistance of counsel claim alleging their attorney did not properly advise them on the immigration consequences of pleading guilty if the applicant offers only self-serving, subjective testimony that, with competent advice, they would have rejected a plea and proceeded to trial. An applicant must offer some evidence contemporaneous with the entry of the guilty plea to substantiate that the applicant would have gone to trial if he had known the deportation consequences of pleading guilty.