Justia Immigration Law Opinion Summaries

Articles Posted in Iowa Supreme Court
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The Supreme Court affirmed Defendant's conviction of a class C felony drug offense and prison sentence, holding that immigration status per se is not an appropriate sentencing consideration but that immigration status may be taken into account to the extent it affects an otherwise relevant sentencing factor.Defendant, a Mexican national, pled guilty to a felony drug offense and was placed on immigration hold for likely deportation. Defendant sought probation, but the district court imposed a prison sentence, expressing the view that it would not be feasible to order probation for a defendant who was going to be deported to Mexico. The Supreme Court affirmed, holding (1) a defendant's immigration status may not be the basis for a sentence, but to the extent it affects an otherwise relevant sentencing factor it may be taken into account; and (2) on the record, the district court properly determined that probation would not be appropriate for someone whose probation would need to be supervised in Mexico. View "State v. Valdez" on Justia Law

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The Supreme Court reversed the district court’s decision granting postconviction relief to Defendant on his claim that he had received ineffective assistance of counsel from an immigration attorney when he tried to get a driver’s license, holding that no right to counsel had attached when Defendant went to the driver’s license station.Defendant’s visit to the driver’s license station triggered a criminal investigation and ultimately a conviction for a previously committed fraudulent practice. The district court set aside Defendant’s guilty plea and sentence, holding that Defendant’s counsel, who was representing Defendant in a pending federal immigration case, breached his essential duty to provide necessary advice to Defendant. The Supreme Court reversed, holding that neither the right to counsel under Iowa Const. art. I, 10, nor the United States Constitution Sixth Amendment right to counsel had attached at the time Defendant’s attorney advised Defendant regarding getting a driver’s license, as this was before any investigation or criminal proceedings had begun. View "Hernandez-Ruiz v. State" on Justia Law

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The Supreme Court held that Defendant must be allowed to withdraw his plea of guilty to a criminal offense because Defendant would not have accepted the plea agreement if he had been provided the effective assistance of counsel to which he was constitutionally entitled.Defendant, who entered the United States without examination by the Department of Homeland Security, pleaded guilty to aggravated misdemeanor forgery. Based on this conviction, he was removed from the United States to Mexico. After Defendant returned to the United States he filed for postconviction relief, asserting that he was denied the effective assistance of counsel because counsel did not advise him pleading guilty to an aggravated felony has severe immigration consequences. The district court agreed and vacated Defendant’s conviction. The court of appeals reversed. The Supreme Court vacated the court of appeals, affirmed the district court, and remanded to allow Defendant to withdraw his plea and stand for trial, holding that counsel provided constitutionally deficient performance, and this deficiency resulted in prejudice. View "Diaz v. State" on Justia Law

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Iowa’s forgery statute is preempted on its face by federal immigration law. Further, Iowa’s identity theft statute is field preempted as applied in this case, and enforcement of the identity theft statute is conflict preempted in this case.Appellant was an undocumented citizen who was brought to Iowa by her parents when she was eleven years old. Appellant was educated in Iowa public schools, lived in Iowa continuously, and was a mother of four children who were United States citizens. Appellant applied for and received temporary lawful immigration status from the Department of Homeland Security pursuant to the Department’s Deferred Action for Childhood Arrivals program. Appellant was later prosecuted by the State for using false documents to obtain federal employment authorization. Appellant filed a motion to dismiss, arguing that federal law preempted her prosecution under the Iowa identity theft and forgery statutes. The district court denied the motion, concluding that the charges of identity theft and forgery were state crimes independent of Appellant’s immigration status. The Supreme Court reversed. View "State v. Martinez" on Justia Law