A couple of years ago, the Supreme Court handed down a case called Padilla versus Kentucky. It’s a very important case in both the criminal and deportation contexts because, in that case, the Supreme Court said that if you plead guilty to a crime and are a noncitizen, and if you did not know that you would be deported as a result of that crime, you have the opportunity to go back to the state court or the federal sentencing court to ask the judge to undo the conviction that now renders you deportable.
We’ve been involved in deportation proceedings in which we have taken on our clients’ representation not only in the deportation case itself, but have also gone back to the state or federal criminal court and tried to undo the conviction based on the Supreme Court case. In these cases, the defendant was never given the opportunity to make what’s called a “knowing and voluntary decision” to plead guilty to the crime—because no one ever told them that they would be deported.
If we can undo the plea and the conviction goes away, there’s no basis for the deportation. We’ve had plenty of clients who were let out of jail because we were able to undo the conviction that was underlying the deportation case itself, so let us help you! Call a St. Louis deportation attorney at Hacking Law Firm to find out how we can help you.