DueProcess Immigration
When a resident alien pleads guilty to a crime while ignorant of the immigration consequences, then demands a trial before sentencing, does his demand establish a reasonable probability he would have opted for trial if he knew the consequences?
QUESTIONS PRESENTED 1. When a resident alien pleads guilty to a crime, while ignorant of the immigration consequences, then discovers those consequences and demands a trial before sentencing, while the state remains prepared to try the case, does his demand for a then-deliverable jury trial establish a reasonable probability that he would have opted for trial had he known the consequences when he pled guilty? 2. Does the opinion on remand so significantly disregard facts and logic that it denies the Petitioner his right to due process of law in violation of the Fourteenth Amendment to the United States Constitution?