Commonwealth v. Jia Zheng

The defendant appeals from the denial of his motion to withdraw his 2013 guilty plea to kidnapping.2 He claims that he received ineffective assistance of counsel regarding the immigration effects of pleading guilty because he was given inaccurate advice -- that is, he was advised that a conviction for kidnapping would not render him ineligible for asylum. Because on the record before us an evidentiary hearing is necessary to elucidate the affidavit of plea counsel that was submitted with the motion, we vacate the order denying the defendant's motion, and remand to Superior Court for an…