People v. Gordon

Defendant appealed from the trial court’s denial of a petition he filed under section 2-1401 of the Code of Civil Procedure. The petition challenged his prior guilty plea, arguing that his plea counsel was ineffective for failing to advise him of mandatory federal immigration consequences. The appellate court reversed, finding that the applicable federal statute clearly and succinctly included sexual exploitation of a child as a deportable offense and that counsel was ineffective for failing to inform defendant that a plea was subject to mandatory deportation. (MIKVA, concurring and C.A. WALKER, specially concurring)