Is a defendant entitled to habeas corpus relief for failing to inform him of the consequences of a criminal conviction?

California, United States of America


The following excerpt is from People v. Hernandez, G040177 (Cal. App. 9/15/2009), G040177. (Cal. App. 2009):

Defendant argues the attorneys who represented him "should have investigated the immigration consequences, discovered that [he] could not accept a conviction that would fall into the `aggravated felony' deportation ground, advised [him] of the immigration consequences . . ., and investigated possible alternatives." In support of the argument trial counsel failed to inform him of the immigration consequences of a conviction, defendant relies on People v. Soriano (1987) 194 Cal.App.3d 1470. Soriano held a defendant subjected to deportation after pleading guilty to a state criminal offense was entitled to habeas corpus relief for ineffective assistance of counsel where he "received only a pro forma caution from his attorney about the deportation consequences of his guilty plea" and "whatever advice his counsel did give him was not founded on adequate investigation of federal immigration law." (Id. at p. 1482.)

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