Articles Posted in Immigration Law

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Defendant, a citizen of Poland, was charged with sexual assault in the fourth degree. The superior court granted Defendant’s application for accelerated rehabilitation. Defendant was subsequently ordered removed from the United States and deported to Poland. Ultimately, the court found that Defendant had failed successfully to complete the accelerated rehabilitation program, terminated Defendant’s participation in the program, and ordered his rearrest on the pending criminal charge. Defendant appealed. The Appellate Court did not reach the merits of Defendant’s claims, concluding that the appeal should be dismissed as moot under State v. Aquino, 901 A.2d 1194 (Conn. 2006). Specifically, the court found that Defendant’s appeal was rendered moot by his deportation because the reason for his deportation was unrelated to the accelerated rehabilitation program or the pending criminal charge. The Supreme Court reversed, holding (1) Aquino, properly construed, did not control the present case because the record established the reason for Defendant’s deportation; and (2) there was a reasonable possibility that the trial court’s orders would result in prejudicial collateral consequences. View "State v. Jerzy G." on Justia Law

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The Supreme Court held that Conn. Gen. Stat. 54-1j(a) does not require the trial court to inquire directly of a defendant as to whether he or she has spoken with counsel about the possible immigration consequences of pleading guilty before the court accepts the defendant’s guilty plea. Accordingly, the Court affirmed the judgment of the trial court, which denied Defendant’s motion to vacate his guilty plea to one count of conspiracy to commit larceny in the third degree on the ground that the trial court failed to ask Defendant whether he had spoken with counsel about the possible immigration consequences of pleading guilty before accepting the plea offer. Because Defendant expressly acknowledged that he understood those consequences, the trial court substantially complied with section 54-1j. View "State v. Lima" on Justia Law

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Petitioner was convicted of possession of narcotics with intent to sell. Petitioner later filed an amended petition for writ of habeas corpus, arguing that his trial counsel rendered ineffective assistance by failing to advise him, pursuant to Padilla v. Kentucky, that his plea of guilty and subsequent conviction would constituted an aggravated felony under federal law and result in his almost certain deportation and permanent removal from the United States. After a trial, the habeas court granted the amended petition, concluding that Padilla applied retroactively to Petitioner’s guilty plea and that Petitioner was misadvised and prejudiced under Strickland v. Washington. The Supreme Court reversed, holding (1) Padilla does not apply retroactively to Petitioner’s guilty plea under federal law; and (2) Petitioner cannot prevail on alternative grounds. View "Thiersaint v. Comm’r of Corr." on Justia Law

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These appeals arose from the ruling of the named defendant, the freedom of information commission (commission), that defendant Rashad El Badrawi was entitled, under the Freedom of Information Act (act), to the disclosure of a document that the plaintiff, the commissioner of correction (commissioner), obtained from a file in the National Crime Information Center, which is maintained by the FBI. The commissioner and the intervenor, the United States, appealed from the commission's ruling, claiming that the commission improperly ordered disclosure of the document because, among other reasons, disclosure was barred by a federal regulation, and therefore, the document was exempt from the act in accordance with Conn. Gen. Stat. 1-210(a). The trial court dismissed in part and sustained in part the appeals and ordered that a redacted version of the document be disclosed to El Badrawi. The commissioner and the United States appealed. The Supreme Court reversed, holding that the document fell within an exemption to the act set forth in section 1-210(a), and therefore, El Badrawi was not entitled to disclosure of the document. View "Comm'r of Corr. v. Freedom of Info. Comm'n " on Justia Law