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Man not prejudiced by lawyer's failure to advise about deportation

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A defendant’s trial counsel was deficient by not advising his client about the risk of deportation following a guilty plea, but the defendant wasn’t prejudiced by the performance, the Indiana Court of Appeals concluded.

In Heriberto Suarez v. State of Indiana, No. 02A05-1106-PC-325, Heriberto Suarez claimed the post-conviction court erred in denying his petition for post-conviction relief on the basis of ineffective trial counsel. Suarez, who is from Mexico but has lived in the United States since the 1950s without becoming a resident, pleaded guilty to Class C felony child molesting. He faced a Class A felony molesting charge involving his young granddaughter. His attorney did not advise him that he could be deported following his guilty plea. His attorney, Patrick Arata, said he assumed Suarez was an American citizen so he did not ask about Suarez’s status.

Suarez testified he pleaded guilty to the Class C felony charge to receive a shorter sentence so he could take care of his blind wife, who is in poor health. He said he would have fought the Class A felony charge had he known that pleading guilty would subject him to possible deportation.

The appellate court noted that were Suarez to be deported, it would be difficult for him to provide for his wife, although he had a large family that could care for her in his absence. Suarez’s objective probability of success at trial was fairly low, and the benefit conferred upon him by his guilty plea was substantial. Instead of facing up to 50 years in prison, meaning he would have served 41 years, he faced a sentence between two and 8 years and actually received a four-year sentence.

While his attorney was deficient for not advising Suarez about possible deportation, he was not prejudiced by his attorney’s failure to notify him of the risk, the judges concluded.

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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