Defendant pled guilty to 1st degree murder and attempted 1st degree murder. Defendant counsel was ineffective in failing to advise him of the immigration consequences of his plea. As 1st degree murder is an "aggravated felony" for purposes of federal immigration law, he was subjected to mandatory expedited removal from the U.S. The statutory certainty of the immigration consequences of a murder conviction were succinct, clear, and explicit, and would have been a rational reason to reject a plea.Defendant thus made a substantial showing of prejudice. Defendant was ordered removable after his 1985 and 1987 criminal convictions, but for 20 years he was not removed, although he was in custody for months in 1995. Defendant made a substantial showing that his right to constitutionally effective plea counsel was violated. (WALKER and PIERCE, concurring.)
Illinois Appellate Court
Criminal Court
Guilty Pleas