Immigration - Criminal Charges for Noncitizens
Posted on Tue, Apr 24, 2012 @ 09:10 AM
A New Jersey appeals panel says a clash in interpretations over a U.S. Supreme Court ruling means a noncitizen who wants to retract a guilty plea should turn to the federal courts. At issue in State v. Barros, A-1288-10, is fallout from a U.S. Supreme Court ruling in 2010 that recognized an affirmative constitutional right for alien criminal defendants to be warned that a guilty plea can result in deportation. The state Supreme Court found that the 2010 decision was a new rule and therefore prospective. The U.S. Court of Appeals for the Third Circuit found it merely restated an existing requirement and was therefore retrospective.
FEDERAL COURT IS FORUM FOR RETRACTION OF PLEAS BY NONCITIZENS, PANEL SAYS
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