Our attorneys represent clients on motions to vacate criminal convictions. Success on a motion to vacate is sometimes the only way that a Lawful Permanent Resident can defend himself against deportation/removal from the U.S. An important case about motions to vacate was recenlty decided by the 9th Circuit Court of Appeals.
On March 11, 2011 in US. v. Bonilla, the 9th Circuit Court of Appeals held:
"A criminal defendant who face almost certain deportation is entitled to know more than that it is possible that a guilty plea could lead to removal; he is entitled to know that is a virtual certainty."
US v. Bonilla, No. 09-10307, 3428 (9th Cir. 2011).
This holding emphasizes the U.S. Supreme Court decision Padilla v. Kentucky that held:
"It is our responsibility under the Constitution to ensure that no criminal defendant—whether a citizen or not—is left to the "mercies of incompetent counsel." Richardson, 397 U.S., at 771, 90 S.Ct. 1441. To satisfy this responsibility, we now hold that counsel must inform her client whether his plea carries a risk of deportation. Our longstanding Sixth Amendment precedents, the seriousness of deportation as a consequence of a criminal plea, and the concomitant impact of deportation on families living lawfully in this country demand no less."
Padilla v. Kentucky, 130 S.Ct. 1438, 1486 (2010).
