Justia Immigration Law Opinion Summaries

In 2007, petitioner Alejandro Garcia Mendoza pled guilty to unlawful possession of a controlled substance. He moved to withdraw the plea on grounds his counsel did not advise him as required by Padilla v. Kentucky, 599 U.S. 356 (2010). Petitioner also argued he did not need to show prejudice under RCW 10.40.200. The Court of Appeals concluded petitioner was raising two claims: a constitutional claim that was exempt from the time bar, and a statutory claim that was not. It dismissed his challenge as mixed without reaching the merits. The Washington Supreme Court concluded petitioner made one claim for relief: ineffective assistance of counsel for failing to advise him of the immigration consequences of his plea. The Court rejected petitioner’s argument that under RCW 10.40.200 he did not need to show prejudice to bring this claim, but since he made a prima face showing of ineffective assistance in a challenge that is time exempt, the dismissal of his petition was vacated and this matter was remanded back to the Court of Appeals for further proceedings. View "In re Pers. Restraint of Garcia-Mendoza" on Justia Law