... a pretty easy argument to vacate the conviction. The Supreme Court held in Padilla that failure to advise a client of the immigration consequences of a guilty plea constitutes ineffective assistance of counsel. I use the same argument and cite Padilla, but simply remove the word "immigration" - failure to advise a client of the consequences of a guilty plea constitutes ineffective counsel. I also point to the warning
that appears on the bottom of EVERY criminal complaint in the Commonwealth -
Notice to Defendant:42 U.S.C. § 3796gg-4(e) requires this notice: If you are convicted of a misdemeanor crime of domestic violence you may be prohibited permanently from purchasing and/or possessing a firearm and/or ammunition pursuant to 18 U.S.C. § 922 (g)(9) and other applicable related Federal, State, or local laws.
It makes a great argument that the person pled guilty without knowing that he would forever forfeit his Constitutional Rights, which should be held to a higher standard than an immigrant's right to remain in the USA, which is not protected by the constitution.