LOI VAN NGO v. State

[¶ 1] Loi Van Ngo appeals from a judgment of the Superior Court (Cumberland County, Wheeler, J.) dismissing his petition for post-conviction review pursuant to 15 M.R.S. §§ 2121-2132 (2007). Ngo argues that as a non-citizen awaiting the outcome of deportation proceedings that were instituted based on prior State convictions, he is subject to the functional equivalent of an indirect impediment within the meaning of 15 M.R.S. § 2124(3)(C). He also asserts that his construction of the statute avoids rendering the post-conviction review statute unconstitutionally arbitrary as applied to him. We…