· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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