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d. Deportation

Mellouli v. Lynch, USSC No. 1034, 2015 WL 2464047 (June 1, 2015), reversing Mellouli v. Holder, 719 F.3d 995 (8th Cir. 2013); Scotusblog page (including links to briefs and commentary) Resolving a split between federal circuit courts of appeal, the Supreme Court holds that the statute providing for deportation based on a violation of a state… Read More

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On certification by the court of appeals; review granted 11/26/13; circuit court reversed 1/29/16; click here for docket and briefs Issue (composed by the court of appeals): How definite or imminent must deportation be in order for it to be “likely,” such that a defendant may withdraw a guilty or no contest plea on the… Read More

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State v. Melisa Valadez, 2014AP678, 2014AP679, 2014AP680; District 2, 1/21/15, certification granted 3/16/15; circuit court reversed 1/29/16; case activity Issue presented (from certification): How definite or imminent must deportation be in order for it to be “likely,” such that a defendant may withdraw a guilty or no contest plea on the basis that he or… Read More

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Review of two court of appeals decisions (one published, one unpublished) that will be argued together. State v. Shata (case activity) and State v. Ortiz-Mondragon (case activity) Issue in Shata (composed by On Point) Whether the defendant, a foreign national, should be permitted to withdraw his guilty plea because his trial counsel failed to provide… Read More

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State v. Fernando Ortiz-Mondragon, 2014 WI App 114, petition for review granted 12/18/14, affirmed, 2015 WI 73; case activity Ortiz-Mondragon’s trial counsel wasn’t ineffective under Padilla v. Kentucky, 559 U.S. 356 (2010), for failing to advise Ortiz-Mondragon that his convictions were “crimes involving moral turpitude” (CIMT) and would result in mandatory deportation and a permanent bar on reentry… Read More

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Question presented: To trigger deportability under 8 U.S.C. § 1227(a)(2)(B)(i), must the government prove the connection between a drug paraphernalia conviction and a substance listed in section 802 of the Controlled Substances Act? Lower court opinion: Mellouli v. Holder, 719 F.3d 995 (8th Cir. 2013). Docket Scotusblog page This case will be of interest primarily to lawyers handling immigration… Read More

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State v. Ivan Mendez, 2014 WI App 57; case activity When Mendez pleaded guilty to maintaining a drug trafficking place his attorney failed to inform him that a conviction for charge would subject him to automatic deportation from the United States with no applicable exception and no possibility of discretionary waiver. Padilla v. Kentucky, 559 U.S. 356, 363 (2010)… Read More

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State v. Ali Mursal, 2013 WI App 125; case activity Before accepting a defendant’s guilty or no contest plea the court is required to advise the defendant there may be immigration consequences. Wis. Stat. § 971.08(1)(c). While that statute prescribes a text for the required warning—complete with quotation marks—the court of appeals holds in this… Read More

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