Commonwealth v. Valdez

The defendant appeals from the orders denying his motions to vacate a 1989 guilty plea, and for reconsideration. He argues that his plea was invalid because the plea judge failed to advise him, as required by G. L. c. 278, § 29D, of all the possible immigration consequences from such a plea — including, particularly, the possibility of exclusion from admission if he left the United States and attempted to return. We recognize that, on this record, the Commonwealth is unable to prove that the defendant received the required warning. However, because the defendant has not been excluded from the…