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Immigration status Writ of Habeas Corpus

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May 23, 2007, 11:10
LAS
Immigration status Writ of Habeas Corpus
Has anyone dealt with a Writ regarding the purported failure of the defense attorney to explain the potential adverse affect of a guilty plea on the defendant's immigration status? The defendant pled guilty in 1997, received 2 years probation and now some attorney has filed the Writ on the defendant's behalf claiming ineffective assistance of counsel. The Court's admonishments do indicate the Court did give the non-citizen admonishment.
May 23, 2007, 13:10
JB
Writs are for constitutional errors. There is no constitutional obligation to warn a defendant about immigration/naturalization consequences. For additional details, see The Perfect Plea, pages 102-03 & 154-55.
May 23, 2007, 15:17
JohnR
Try contacting Laura Coats at the Dallas DA's office. Main line there is 214-653-3600. I think she won a State's appeal where a court granted a writ on these facts.