Government of the Virgin Islands v. Pamphile

MEMORANDUM OPINION AND ORDER

This case is before the Court on defendant Anthony Pamphile’s (“Pamphile”) motion to withdraw his guilty plea. Pamphile argues that his guilty plea should be set aside on the basis that his counsel, at the time he pled guilty, was ineffective in failing to advise him that his guilty plea could render him subject to deportation.

We find deportation is a “collateral” consequence of pleading guilty. The failure of a defense attorney to inform a defendant of possible or mandatory deportation, prior to entry of a valid guilty plea, does not render such plea subject to…