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Man unable to show prejudice by attorney’s lack of deportation advisement

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A Pakistan-born man who faces automatic deportation as a result of his guilty plea to felony theft lost his pursuit for post-conviction relief before the Indiana Court of Appeals. The judges found Naveed Gulzar was unable to show he was prejudiced by his attorney’s failure to advise him that automatic deportation is a consequence of his guilty plea.

Gulzar came to the U.S. in 2000 with his family, but he never became a naturalized citizen, only a legal permanent resident. In January 2006, he stole a credit card from a customer at a convenience store and used the credit card to make purchases on four occasions. Gulzar was arrested in March 2006 and charged with one count of theft and two counts of fraud, all Class D felonies. He agreed to plead guilty to one count of Class D felony theft and he was sentenced to 18 months in the Indiana Department of Correction, all suspended to probation. He successfully completed his probation.

The agreement advised him of his rights, including that he understood that if he isn’t a legal citizen of the U.S., he may be deported as a result of the guilty plea. Gulzar initialed that section.

Over the next five years, Gulzar sought to have his sentence modified. In November 2011, he filed a petition for post-conviction relief alleging his trial counsel was ineffective for not telling him that pleading guilty to theft would make him automatically deportable under two federal immigration laws.

At the post-conviction hearing, Gulzar’s trial attorney said he failed to tell Gulzar that the guilty plea would make him automatically deportable. Gulzar claimed if he had been told that, he would not have pleaded guilty. The post-conviction court found Gulzar failed to establish prejudice.

The Court of Appeals affirmed, rejecting Gulzar’s argument that his deportation would be a hardship on his parents and siblings. The judges cited Segura v. State, 749 N.E.2d 496 (Ind. 2001), in which the Supreme Court found no reason to require revisiting a guilty plea if, at the end of the day, the inevitable result is conviction and the same sentence. The justices also held that only in “extreme cases” does a “truly innocent defendant” plead guilty because of incorrect advice as to the consequences.

This is not one of those extreme cases, Judge Nancy Vaidik wrote, pointing to the surveillance video of Gulzar’s participating in the crimes and the discovery of the items purchased with the stolen credit card in his apartment.

“While Gulzar may have shown special circumstances related to his family, in light of the evidence establishing his guilt, he has failed to demonstrate prejudice as a result of trial counsel’s failure to advise him that his guilty plea would result in automatic deportation,” she wrote.

 

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  • Convicting The Innocent
    If what Judge Nancy Vaidik wrote about only the truly innocent pleading guilty in extreme cases, why does an Ohio study estimate tha nearly 10,000 innocent people are convicted in the U .S. each year?

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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