Posted on 03/14/2011 10:34:44 AM PDT by moonshinner_09
Relying on a recent U.S. Supreme Court ruling, a federal appeals court said Friday that a Watsonville man who has lived legally in the United States for more than 30 years can withdraw his guilty plea to gun possession because his lawyer failed to tell him he would be deported after finishing his sentence.
Jose Bonilla Jr. has already served most of the two-year prison term he was given in 2009 for two felony charges in connection with a sawed-off shotgun that police found in his car after a gang fight. Federal law requires that any noncitizen convicted of those charges be deported.
Bonilla came to the United States with his family in 1976 when he was 3 years old. The court said he has been a legal resident for more than 30 years. In court papers, his current lawyer said Bonilla was a gang member in his youth but had settled down and was active in his church and community.
Before Bonilla's guilty plea, his wife asked his trial lawyer whether the charges would result in deportation. But the court said she got no answer until after the plea, when the lawyer told her Bonilla would be deported.
Bonilla then asked to withdraw his plea, saying he would have negotiated for lesser charges or gone to trial if he had known he would be removed from the country and separated from his wife and two children, all U.S. citizens. The trial judge refused, saying Bonilla had obviously known he might be deported.
(Excerpt) Read more at sfgate.com ...
I don't recall seeing any church groups that involve sawn-off shotguns...go figure.
To me, if I'm accused of robbing bank, they should sit me down and say, You have two choices: Plead guilty, no trial, you will be guaranteed X years in jail, when you get out there are 3 things that will certainly happen, they are: A, B, C. Now, if you decide not to plead guilty, we will have a trial, and there is really no telling what might happen. Could be better, could be worse. What do you want to do?
But, to plead guilty and then to be caught by surprise and try to have a trial so that you might be found innocent or get some sweeter deal ... I just don't get that. You said you were guilty. Now bad things happen to you. Deal with it.
yep after 30 years he never naturalized as a citizen..if he did he couldn’t be deported (a few exceptions)...love how people come to America for the benefits but not to assimilate.
Whats more disgusting is this illegal punk was apparently surprised that he would be deported after serving his sentence.
Is that no longer true? That would be a good thing to keep in mind...
In CA judges grab at any reason to not prosecute illegals.
“...a Watsonville man who has lived legally in the United States for more than 30 years...”
I’m not sure what that means. It seems that if he had a green card, then they would have said that. Seems like very careful wording.
Jus’ makin’ it fit the trunk yor’honor.
Only citizens cannot be deported. You can be a lawful US green card holder for 60 years and still be deported for certain crimes. http://www.cundyandmartin.com/immigration/deportation/crime-deportation.php
I translate in our County Court (rural Texas) and when making sure that they understand each and every point of their plea agreement and advise them that they will be deported after serving their sentence where applicable.
INS always has a hold on illegal aliens in our system and I'm pleased to say that they "do their duty" too. The defendants are required to initial each and all statements, rights waivered point by point including INS hold information, etc., no excuses.
He’s not in this country illegally.
Doesn't matter though - he still needs to go.
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