NJ Supreme Court on Ineffective Assistance in Criminal Case with Immigration Consequences

The New Jersey Supreme Court in State v. Nunez-Valdez held that a defense attorney provides ineffective assistance of counsel when he provides false or inaccurate information related to the immigration consequences of a guilty plea in a criminal case. The defendant in the case had pled guilty to a sex crime. His attorney had advised him that the plea would not affect his immigration status. In fact, deportation for this criminal offense was mandatory and U.S. immigration officials sought to deport the defendant. The New Jersey Supreme Court ruled that under the state constitution, a defendant who has been misinformed on the immigration impacst of a guilty plea may successfully argue that his guilty plea be vacated as a result of ineffective assistance of counsel. A similar issue is currently pending before the United States Supreme Court.  Padilla v. Kentucky, cert. granted 129 S. Ct. 1317.

Here is the New Jersey Supreme Court decision.  Download State v. Nunez-Valdez

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