State v. Rodriguez

The ACLU-NJ filed a Petition for Certification on behalf of a man who pled guilty to a low-level drug crime (minor distribution) in 2005 and now faces deportation. We asked the New Jersey Supreme Court to review the legal question of whether it is ineffective assistance of counsel for a criminal defense attorney to inform a defendant that a proposed plea could have immigration consequences, but who fails to inform the defendant that the plea in question would lead to near-certain deportation, and also whether this type of ineffective assistance claim can be raised retroactively.

Status

The ACLU-NJ has filed an amended habeas petition for release in the federal district court. It also is serving as co-counsel in his immigration proceedings regarding his asylum application.

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