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· 8/14/2015

United States v. Elizabeth Rodriguez-Vega

Citations

  • 797 F.3d 781
  • 2015 U.S. App. LEXIS 14291
  • 2015 WL 4773519

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, where deportation is virtually certain as a consequence of the guilty plea, advising the defendant of the mere potential for deportation is deficient performance
  • holding that where the deportation consequence of a guilty plea is virtually certain, advice to the defendant that her guilty plea potentially subjects her to deportation constitutes ineffective assistance
  • finding deficient performance when trial counsel advised that deportation was merely possible when it was “virtually certain” that it would occur
  • granting § 2255 motion and 14 vacating conviction where petitioner alleged ineffective assistance of counsel premised on 15 failure to advise petitioner of immigration consequences of guilty plea
  • defendant facing total prison term of 10-16 months could have rationally chosen trial for chance of avoiding deportation
  • where the immigration statute or case law expressly identifies the offense as a 26 ground for removal, \the deportation consequence is truly clear\

Source: CourtListener parenthetical corpus (CC0).

Judges: Reinhardt, Fernandez, Clifton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.