Commonwealth v. Vargas

In October, 2003, the defendant, who is a lawful permanent resident, pleaded guilty to possession of marijuana in an amount exceeding thirty grams. Several years later, the Federal authorities initiated removal proceedings against the defendant based on his marijuana conviction. As a result, he is now facing deportation and loss of his lawful permanent resident status.

In 2015, the defendant filed a consolidated motion for new trial and motion to vacate his conviction. The Commonwealth did not file a written opposition to the motion, and it made clear at the nonevidentiary hearing on the…