Wednesday, February 6, 2013

Plead Out, Get Deported: The Right to Effective Council

by Michelle Holland, Editor-in-Chief

The Supreme Court has taken on many groundbreaking cases this term, daring to clarify issues regarding same-sex marriage, immigrant rights, and habeas corpus petitions.[1]  Of particular interest is the case Chaidez v. United States.[2]  This case deals with non-citizen rights following a criminal conviction or guilty plea.[3]  This is of particular importance because once non-citizens are convicted or plead guilty to a crime, they can be deported.[4]  In 2003, Chaidez plead guilty to mail fraud and was subsequently deported.[5]  In 2010, she filed a motion for a writ of coram nobis, asserting that her attorney was ineffective for not alerting her that she would be deported if she plead guilty.[6]