Connecticut Supreme Court decides not to decide

On July 27, the Connecticut Supreme Court issued an opinion in State v.Aquino, deciding the case is moot because the record does not reflect whether the client was deported for his aggravated felony or because he was here illegally. The court did not rule on the question whether criminal defense lawyers have the obligation to determine their client’s immigration status, and advise the clients of the immigration consequences of the criminal case. The Court vacated a bad decision at the intermediate appeals court level. Conrad Seifert represented Mr. Aquino, the appellant. Tova Indritz, Jorge Baron, and Bruno Bier filed an amicus brief on behalf of the following eight organizations: American Civil Liberties Union Foundation Immigrants’ Rights Project Connecticut Criminal Defense Lawyers Association (CCDLA). Immigration Clinic, Yale Law School, International Institute of Connecticut, Inc., National Association of Criminal Defense Lawyers (NACDL) National Immigration Project of the National Lawyers Guild (NIP-NLG), National Legal Aid and Defender Association (NLADA), and the Samuel and Anna Jacobs Criminal Justice Clinic, Yale Law School. Click here (Download decision.pdf ) to read the decison.

KJ