United States v. Gil Ricardo Gavilan

ALVIN B. RUBIN, Circuit Judge:

A Cuban refugee was indicted for possession with intent to distribute approximately ten pounds of marijuana. Facing a maximum sentence of five years in prison, $15,000 fine, and a special parole term of at least two years, he entered a guilty plea on the advice of retained counsel. Counsel did not know and, therefore, did not advise the refugee that conviction would prompt the Immigration and Naturalization Service (INS) to revoke the refugee’s immigration parole and thereby exclude him from the United States, 1 and that he would then be deported if another…