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New Mexico Supreme Court: Immigrants Must Be Warned Of Plea's Impact On Status

nmsupremecourt.nmcourts.gov

  The New Mexico Supreme Court says it's not enough that a defendant hears in court that pleading guilty could result in deportation.

The justices ruled Monday in case from Dona Ana County that a defendant was denied effective legal representation because his lawyer hadn't warned him beforehand about a guilty plea's immigration consequences.

Cesar Favela pleaded guilty to charges of aggravated battery with a deadly weapon and driving while under the influence.

The plea's consequences were discussed in court before the judge accepted Favela's plea, but Favela later asked to be allowed to withdraw his guilty plea. He said he hadn't understood the consequences.

The Supreme Court said the warnings that Favela heard in court didn't make up for the ineffective legal representation that he received.

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