No. 20-120

Alfredo Juarez v. Colorado

Lower Court: Colorado
Docketed: 2020-08-04
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: criminal-procedure deportation effective-assistance-of-counsel guilty-plea immigration immigration-consequences padilla-standard padilla-v-kentucky sixth-amendment
Key Terms:
HabeasCorpus Immigration
Latest Conference: 2021-02-19 (distributed 2 times)
Question Presented (from Petition)

When there is no dispute that a guilty plea will trigger mandatory deportation pursuant to federal law, must defense counsel advise a noncitizen-defendant that the plea will result in deportation as a matter of law, or is it sufficient for defense counsel to caution that the plea could make the noncitizen-defendant "deportable" or that it will "probably" result in deportation?

Question Presented (AI Summary)

When there is no dispute that a guilty plea will trigger mandatory deportation pursuant to federal law, must defense counsel advise a defendant that the plea will result in deportation as a matter of law, or is it sufficient for defense counsel to caution that the plea could make the defendant 'deportable' or that it will 'probably' result in deportation?

Docket Entries

2021-02-22
Petition DENIED.
2021-01-13
DISTRIBUTED for Conference of 2/19/2021.
2021-01-13
Reply of petitioner Alfredo Juarez filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
2020-12-21
Motion to delay distribution of the petition for a writ certiorari until January 13, 2021 granted.
2020-12-18
Motion of petitioner to delay distribution of the case under Rule 15.5 from December 30, 2020 to January 13, 2021, submitted to The Clerk.
Main Document
2020-12-14
Brief of respondent Colorado in opposition filed.
Main DocumentCertificate of Word CountProof of Service
2020-09-29
Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2020.
2020-09-28
Motion to extend the time to file a response from October 15, 2020 to December 14, 2020, submitted to The Clerk.
Main DocumentProof of Service
2020-09-15
Response Requested. (Due October 15, 2020)
2020-09-02
DISTRIBUTED for Conference of 9/29/2020.
2020-08-25
Waiver of right of respondent Colorado to respond filed.
Main Document
2020-07-30
Petition for a writ of certiorari filed. (Response due September 3, 2020)
PetitionAppendixCertificate of Word CountProof of Service

Attorneys

Alfredo Juarez
Philip Laurence Torrey — Harvard Law School Immigration and Refugee Clinical Program, Petitioner
Colorado
L. Andrew Cooper — Office of the Colorado Attorney General, Respondent