No. 21-619

Hugo Reyes-Morales v. Maryland

Lower Court: Maryland
Docketed: 2021-10-27
Status: Denied
Type: Paid
Response Waived
Tags: criminal-defense criminal-procedure due-process immigration-consequences ineffective-assistance padilla-v-kentucky plea-bargaining sixth-amendment strickland-standard strickland-v-washington
Key Terms:
Immigration JusticiabilityDoctri
Latest Conference: 2021-11-19
Question Presented (AI Summary)

Ineffective-assistance-of-counsel

Question Presented (OCR Extract)

QUESTION PRESENTED If “the deportation consequences of a particular plea are unclear or uncertain...a criminal defense attorney need do no more than advise a noncitizen client that pending criminal charges may carry a risk of adverse immigration consequences.” Padilla v. Kentucky, 559 U.S. 356, 369 (2010). When a defense attorney decides to do more, by incorrectly qualifying the risk as “very low’ and mis-advising that the plea is “immigration friendly,” does this incorrect advice render nugatory the _ general advisement about the risk of adverse immigration consequences, thereby rendering the defense attorney’s assistance ineffective?

Docket Entries

2021-11-22
Petition DENIED.
2021-11-02
DISTRIBUTED for Conference of 11/19/2021.
2021-10-28
Waiver of right of respondent Maryland to respond filed.
2021-10-25
Petition for a writ of certiorari filed. (Response due November 26, 2021)

Attorneys

Hugo Reyes-Morales
Robert Charles BonsibMarcusBonsib, LLC, Petitioner
Maryland
Daniel John JaworOffice of the Attorney General of Maryland, Respondent