U.S. top court sides with immigrant over faulty legal advice
Last edited Fri Jun 23, 2017, 01:22 PM - Edit history (1)
Source: Reuters
The U.S. Supreme Court on Friday threw out a legal immigrant's drug conviction on the grounds that his lawyer had failed to advise him that he could be deported to his native South Korea if found guilty.
The court ruled 6-2 in favor of Jae Lee, who ran two restaurants in Memphis, Tennessee and has lived in the United States since 1982 when he was 12. Despite the ruling, Lee could still be deported if he is tried and convicted again for the drug offense.
Lee was arrested in 2009 when police found 88 ecstasy tablets in his home, and he was charged with possessing the drug with the intent to distribute, a felony crime that triggers deportation if convicted.
Chief Justice John Roberts, writing on behalf of the court, said there was "substantial and uncontroverted evidence" that Lee would not have entered a guilty plea if he had known he would be deported.
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Read more: https://www.reuters.com/article/us-usa-court-deportation-idUSKBN19E1O2
SUPREME COURT | Fri Jun 23, 2017 | 10:30am EDT
By Lawrence Hurley | WASHINGTON
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Link to decision: https://www.supremecourt.gov/opinions/16pdf/16-327_3eb4.pdf