Lee Davis: Supreme Court Refuses To Apply Immigrant Deportation Case Retroactively

Monday, March 11, 2013 - by Lee Davis
Lee Davis
Lee Davis

In an important decision regarding immigrant criminal defendants, the U.S. Supreme Court issued an opinion, Chaidez v. U.S., late last month refusing to block the deportation of a woman from Illinois, as well as thousands of other immigrants, who pleaded guilty to serious crimes but were never warned by their attorneys that such a plea deal could target them for deportation.

The current law says that those immigrants and lawful residents who have an “aggravated felony” on their record will be deported. The term “aggravated felony” can be used to describe a host of state and federal offenses. The mandatory nature of the law highlights the stiff penalties suffered by noncitizens who plead guilty to criminal wrongdoing.

Immigration attorneys have argued that tens of thousands of immigrants plead guilty to crimes each year that could then lead them to be deported, something many do not realize when the agree to the plea deal.
In an attempt to remedy this problem, the Supreme Court ruled a few years ago that attorneys had a duty to warn noncitizens of the chance that a guilty plea could lead to deportation. The recent case was meant to clarify that the earlier ruling would not apply retroactively to those immigrants who pleaded guilty to criminal offenses prior to 2010.

The case at issue involved Roselva Chaidez, an Illinois woman originally from Mexico. She lived in Chicago for decades and had been a legal permanent resident since 1977. She also had several children and grandchildren living in the area. She admitted back in 1998 to receiving $1,2000 from an insurance company for a fraudulent auto accident claim scheme run by her son and others.

Chaidez pleaded guilty to two counts of mail fraud, was sentenced to probation and required to repay more than $20,000 (the amount she and her son collectively profited). Chaidez followed the rules and completed her probation and paid restitution by 2004.

A few years later, Chaidez applied to become a naturalized citizen but was denied because she had been convicted of a crime. It was then that she learned that pleading guilty to mail fraud for more than $10,000 meant that she was subject to deportation. She filed a petition asking that her convicted be overturned due to her attorney’s failure to warn her of the consequences of her guilty plea.

A district court judge in Chicago ruled in favor of Chaidez and set aside her conviction. The case then moved on to the 7th Circuit which disagreed with the lower court and said Chaidez was not able to take advantage of  a recent Supreme Court case, Padilla v. Kentucky, to challenge her conviction. The Supreme Court agreed with the 7th Circuit and refused to retroactively apply its earlier decision in Padilla v. Kentucky to help those who plead guilty without proper counsel prior to the 2010 ruling. Justice Kagan, who wrote for the majority, said that the 2010 ruling amounted to a major legal change and that the Court does not apply such changes retroactively to old cases.

To read the full opinion, click here.

Source:U.S. Supreme Court won't block Chicago woman's deportation,” by David Savage, published at LATimes.com


---

(Lee Davis is a Chattanooga attorney who can be reached at lee@davis-hoss.com or at 266-0605.)


Startup Spectruss Sees Record Growth

New Hamilton County Businesses

Emerson Russell No Longer Selling Used Vehicles At Highway 153, Shallowford Road


Spectruss, a full-service marketing agency based in the Chattanooga area continues rapid growth through its virtual CMO service that provides clients direct access to the expertise of an in-house ... (click for more)

Here are the new business licenses from the County Clerk's office: ALL SOUTH ROOFING CLINTON CURRIE 4 ROOFING & SHEET METAL WORK 651 E 4TH ST STE 200 CHATTANOOGA TN 37403 AUTHENTIC ... (click for more)

A used vehicle dealership started by Chattanooga businessman Russell Emerson in July 2016 is no longer selling cars. A representative of CarExpress said the office will remain open for ... (click for more)


Business

Startup Spectruss Sees Record Growth

Spectruss, a full-service marketing agency based in the Chattanooga area continues rapid growth through its virtual CMO service that provides clients direct access to the expertise of an in-house marketing team minus the premium salary of hiring a full-time marketing director. Additionally, the agency recently hired multiple new team members to support their continued growth in ... (click for more)

New Hamilton County Businesses

Here are the new business licenses from the County Clerk's office: ALL SOUTH ROOFING CLINTON CURRIE 4 ROOFING & SHEET METAL WORK 651 E 4TH ST STE 200 CHATTANOOGA TN 37403 AUTHENTIC SEVEN LENISE BELL 2 CLOTHING SALES 541 CEDAR GLEN CIR CHATTANOOGA TN 37412 BLISS NAILS & SPA BRIAN NGUYEN 3 PROVIDING MANICURE AND PEDICURE 5211 HWY. 153 SUITE 115 HIXSON TN 37343 ... (click for more)

Breaking News

WWTA Releases Timetable That Would Have Ooltewah Sewage Treatment Plant In Operation By 2025; Public Meetings Set At Central High

The Hamilton County Water and Wastewater Treatment Authority has released a timetable that would have a new sewage treatment plant in Ooltewah in operation by 2025. A request for a site at Mahan Gap Road goes before the Planning Commission at Nov. 12 at 1 p.m. It goes to the County Commission Zoning Committee on Dec. 12 and the full commission on Dec. 19. The WWTA also ... (click for more)

Downtown Post Office Finally Getting Handicap Ramp

Chattanooga's Downtown Post Office, after some lawsuits and numerous complaints over the years, is finally getting a handicap ramp. Federal Judge Sandy Mattice said the complaints had increased in recent months and the General Services Administration agreed to fund the project at the historic building on Georgia Avenue. The judge said, "It's a beautiful building, but it's ... (click for more)

Opinion

Too Many Questions

First it was about 2,000, then we were told it’s up to 4,000. We have no way of knowing who’s coming or what their purpose is. NBC and CNN assure us they are seeking sanctuary but how can we know? Neither Honduras or our subjective media in America have been honest with us in the past. So, how do we know why that many people are marching across Central America? Then this morning ... (click for more)

Roy Exum: An Answer For Amy

Amy Schumer, whose cousin is Senate Minority leader Chuck Schumer, is said to be a very successful comedian and an activist of note. You may remember her most recent appearance was when she was arrested at the U.S. Capitol three weeks ago. She was part of a disgraceful mob who unlawfully protested the nomination of Brett Kavanaugh and the hunch is Amy wanted to get arrested so she ... (click for more)