Man facing deportation loses 2 appeals

Back to TopCommentsE-mailPrintBookmark and Share

A citizen of Ecuador who has lived in the U.S. since he was one year old was unable to convince the Indiana Court of Appeals in separate cases that his counsel’s failure to inform him of the possible deportation consequences of pleading guilty to a crime should result in post-conviction relief.

In 1997, Alex Carrillo pleaded guilty to Class D felony possession of cocaine pursuant to a plea agreement for a lesser sentence that resulted in the judge entering a conviction of Class A misdemeanor possession. In 2006, Carrillo pleaded guilty to Class D felony resisting law enforcement and Class A misdemeanor operating a vehicle while intoxicated, and the felony was entered as a Class A misdemeanor by the judge.

In April 2011, Carrillo was detained by federal immigration authorities and now faces deportation proceedings based upon his resisting law enforcement and possession of cocaine convictions.

In his two appeals before the COA, he claimed that his guilty plea counsel failed to provide effective assistance of counsel by not telling him that pleading guilty could result in deportation. In the case stemming from his 1997 conviction, Alex Carrillo v. State of Indiana, 49A05-1108-PC-437, the post-conviction court found Carrillo failed to establish prejudice from his counsel’s failure to advise. In Alex Carrillo v. State of Indiana, 49A02-1112-PC-1209, based on the 2006 conviction, the post-conviction court found Carrillo established prejudice but failed to establish that his counsel’s failure to advise constituted ineffective assistance because his attorney didn’t know that Carrillo wasn’t a U.S. citizen.

In his appeal from the 1997 case, Carrillo argued that he lived in the United States for 30 years at the time of his guilty plea and that he has a wife, five children and other relatives that live in this country. But he did not bring up this information in his 1997 hearing. The judges also found that the state had a very strong case against Carrillo for drug possession and he benefited from pleading guilty. Therefore, he failed to show there is a reasonable probability but for his counsel’s failure to advise that he wouldn’t have pleaded guilty, Judge Terry Crone wrote.

In the 2006 case, the judges focused on whether Carrillo’s attorney’s performance was deficient because he didn’t inform his client that the guilty plea could have adverse immigration consequences. Carrillo argued that he wasn’t required to show that his attorney knew he wasn’t a citizen or establish that the norm at the time of his hearing was for the attorney to make such an inquiry.

Relying on Segura v. State, 749 N.E.2d 496, 500 (Ind. 2001), the judges pointed out that Carrillo’s attorney did not know that he was not a citizen and that the professional norms at the time he pleaded guilty in 2006 did not include requiring attorneys to ask every client whether he or she is a U.S. citizen, Crone wrote. Beginning with the 2009 edition of the Indiana Criminal Benchbook, trial judges are now to inquire as to whether a defendant is a U.S. citizen and ask whether the possibility of deportation has been discussed with counsel.   

The judges found Carrillo’s attorney did not provide deficient performance because he had no reason to suspect Carrillo wasn’t born in the U.S.



Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...