California, United States of America
The following excerpt is from People v. Hussein, E045120 (Cal. App. 1/27/2009), E045120 (Cal. App. 2009):
Defendant here has not filed a petition for writ of habeas corpus. He has not obtained a declaration from trial counsel about the concerns the attorney took into account in negotiating the plea, including any immigration consequences. It is certainly not the case that defendant was unaware of the immigration consequences of his plea, as he mentioned several times his expectation and desire to be deported to the Sudan. The supposedly factual matters of defendant's participation in political activities in the Sudan, for which he might be punished, are not matters included in the record on appeal, and have not been established by competent evidence. These matters are speculative only. Appellate counsel has not suggested any available alternative plea or offense as to which defendant might likely have been able to negotiate a disposition with more favorable immigration consequences. Thus, People v. Bautista has no applicability in these circumstances.
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