California Supreme Court,
Immigration
May 12, 2021
Ruling will protect noncitizens from consequences of uninformed guilty pleas
The California Supreme Court held that Robert Vivar, who pleaded guilty to a nonviolent drug offense without understanding that his plea would necessarily result in deportation, was prejudiced by his lawyer’s bad advice and therefore must be allowed to withdraw his plea.
On May 3, the California Supreme Court decided People v. Vivar, 2021 DJDAR 4332. The court held that Robert Vivar, who pleaded guilty to a nonviolent drug offense without understanding that his plea would necessarily result in deportation, was prejudiced by his lawyer's bad advice and therefore must be allowed to withdraw his plea. The opinion will pave the way for the man...
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