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OR: Defendant was advised of risk of deportation, so no IAC

By John Wesley Hall, Jr.

An illegal alien could not show ineffective assistance because his lawyer did tell him that deportation was a risk of conviction, and he should expect it. Guzman v. State, A132817 (Ore. App. April 8, 2009) (per curiam)*: Taken as a whole, the advice given petitioner alerted him that he could be deported and did not mislead him as to the probability of that outcome. The evidence showed that petitioner was certain to be deported once he was seized by the Department of Homeland Security, but that there was a possibility that he would be undetected by federal authorities. The Sixth Amendment affords no relief either, at least in the absence of evidence that petitioner was affirmatively misled about the collateral consequences of his conviction...continue to full post

Full post as published by Law Of Criminal Defense on April 15, 2009 (boomark / email).