In 2005, my husband was arrested with marijauna and cocaine charges, and in 2009 his attorney presented a plea bargain fromt the prosecutor to drop the cocaine charges if he accepted the marijuana charge of PWISD. Never during that 4 year period did his attorney tell him that these charges would lead to deportation procedings. Now, in 2012, ICE has a hold on my husband and facing deportation due to this 2005 charge. With this in mine, can we reopen the case, request espungement, or plead for a dismissal due to improper consuel?
Criminal Defense Attorney
That is ineffective assistance in plea bargaining according to Padilla v. Kentucky from the US Supreme Court. You need to get a criminal defense lawyer and attack the conviction to prevent deportation.