Clarke v. U.S.

Federal 7th Circuit Court
Criminal Court
Habeas Corpus
Case Number: 
No. 12-1728
Decision Date: 
January 9, 2013
Federal District: 
N.D. Ill., E. Div.
Defendant’s habeas petition, seeking vacatur of her fraud conviction arising out of her guilty plea on grounds that her counsel failed to advise her that her conviction could result in her deportation, was untimely where it was filed more than one year after date in which defendant’s conviction became final, and more than one year after date that defendant could have discovered facts supporting her claim of ineffective assistance of counsel. Ct further noted that defendant’s counsel informed defendant prior to entry of her guilty plea that her guilty plea might have “immigration consequences,” which, Ct. found, was sufficient to put defendant on notice of possible removal.