TOLL FREE 844.4REJALICALL US TODAY OR CLICK HERE FOR YOUR CONSULTATION
mycase Change Language

The U.S. Supreme Court Rules For Immigrant In Case Over Bad Attorney Advice

06-23-2017


"The U.S. Supreme Court on Friday ruled for a green card holder who received faulty immigration advice from an attorney, determining he was able to show prejudice against him since it was reasonable to think he could have avoided deportation through plea negotiations or a trial."

In a 6-2 decision, the high court ruled for a green card holder named Jae Lee, a restaurant owner who has been in the U.S. for 35 years, but who faced the prospect of deportation after his attorney incorrectly told him his plea for a drug crime wouldn’t result in removal.

Lee, a lawful permanent resident from South Korea, came to the U.S. in 1982 when he was 13, and as an adult he went on to operate two restaurants near Memphis, Tennessee. But he “started using ecstasy at parties,” according to his brief, and was eventually charged with ecstasy possession with an intent to distribute.

Lee pled guilty, with his trial attorney advising him that the plea wouldn’t lead to deportation, his brief says. But, as it turned out, the violation actually subjected him to “mandatory deportation,” and Lee has now been in detention for more than seven years, according to the brief.

On appeal, Lee and the government had sparred over whether Lee was actually prejudiced in the case, with the government arguing Lee couldn’t show he was prejudiced by not having a trial. Lee, on the other hand, had argued that for some people, a plea’s deportation result is so extreme that it’s actually rational to refuse the plea and go for a better deal or go to a trial, regardless of the strength of the evidence.

The Supreme Court’s 1984 ruling in Strickland v. Washington also loomed large in the appeal. Under that decision, a defendant has been deprived of counsel when a lawyer's performance falls “below an objective standard of reasonableness” and the performance adversely affects the defense.

Jae Lee v. U.S., case number 16-327, in the Supreme Court of the United States. 



San Diego Immigration Law Firm San Diego Civil Litigation Lawyer immigrationlaw californiaprop47 deporation sandiegocriminallawyer californiadruglaw deportation San Diego Immigration Lawyer DUI San Diego Criminal Defense Lawyer liability negligence San Diego Personal Injury Lawyer litigation immigration lawsuit sandiegoimmigrationlawyer cancellation of removal moral character sdpd 5thamendment criminaldefense. san diego sandiegodeportationlawyer sandiegotrialattorneys GIA Gemologicalinstituteofamerica alter-ego corporation. privilege injury appeals NSA Patriot Act. personal injury torts duty breach CANRA child abuse e-2 visa investment visa u.s. immigration lawyer u.s. investment lawyer business immigration San Diego Immigration Lawyer Immigration Lawyer asylum green card immigrant visa citizensarrest capenalcode837 4th Amendment litigation civil rights UCSD regents of the university of california unruh act greencardholder Sb-1visa re-entrypermit Mission Valley Criminal Defense Lawyer Vehicle Code 23612 san diego criminal lawyer blood blood sample Birchfield v. North Dakota Constitution Corpus Delicti DUI Defense San Diego DUI Defense malpractice civil rights Immigration Law Constitutional Law crime of violence DHS deportation proceedings appellate review civil appeals removal proceedings deportation. Criminal Defense Sixth Amendment Trial Lawyer immigration deportation vacating conviction relief personal injury new case law alert medical expenses doctors on liens Disability Disability rights 504 Rehabilitation Act ADA ADA 504 Rehabilitation Act Disability rights Disability Regents; Unruh Civil Rights Act search and seizure automobile exception car accident slip and fall collisions denial of claim insurance denial. valuation of claim insurance personal injury. 5th Amendment United States Supreme Court right against self-incrimination. mcdonalds san diego. Travel Ban President Trump U.S. Supreme Court Trump v. Hawaii trial direct examination witnesses Jameson v. Desta California Supreme Court Decision Equal Access San Diego County Court reporters objections interrogatories fraud default judgment motion to set aside default judgment due process personal jurisdiction discovery company car crash reports discovery trial personal injury damages witnesses settlement; trial lawyer; San Diego trial lawyers; personal injury lawyers; San Diego injury lawyers San Diego Injury Lawyer san diego trial lawyer san diego trial attorney san diego jury trial lawyer san diego trial lawyer San Diego Injury Lawyer san diego civil trial lawyer hot coffee burn injury second degree burns