Legal Opinion
Commonwealth v. DeJesus
Massachusetts Supreme Judicial Court
Decided May 19, 2014PublishedCited by 56 opinions
1Opinion of the CourtDuffly, J.
We are asked in this case to consider whether defense counsel’s advice to his noncitizen client that if the client pleaded guilty to drug possession charges he would be *175“eligible for deportation” was constitutionally deficient. Because, under applicable immigration law, the conviction of a noncitizen of possession with intent to distribute cocaine makes deportation or removal from the United States automatic or “presumptively mandatory,” see Padilla v. Kentucky, 559 U.S. 356, 368-369 (2010) (Padilla), citing 8 U.S.C. § 1227(a)(2)(B)(i) (2006), we conclude that counsel’s advice was…
2Cases cited18 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Hill v. LockhartSupreme Court of the United States · 1985
- Padilla v. KentuckySupreme Court of the United States · 2010
- Moncrieffe v. HolderSupreme Court of the United States · 2013
- Commonwealth v. SaferianMassachusetts Supreme Judicial Court · 1974
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3Cited by56 opinions
- State of New Jersey v. Horace BlakeNew Jersey Superior Court Appellate Division · 2016
- Commonwealth v. LavrinenkoMassachusetts Supreme Judicial Court · 2015
- Commonwealth v. SylvainMassachusetts Supreme Judicial Court · 2016
- Bridgeman v. District Attorney for the Suffolk DistrictMassachusetts Supreme Judicial Court · 2017
- Budziszewski v. Commissioner of CorrectionSupreme Court of Connecticut · 2016
51 more not listed; retrieve them via the Exa API.