Encarnation v. GeorgiaAnnotate this Case
Defense counsel in this case advised petitioner that a guilty plea to a burglary charge "may" have had an impact on petitioner's immigration status. The consequences of the plea were clear: a conviction constituted an aggravated felony and would almost certainly lead to deportation proceedings under the Immigration and Nationality Act (INA). This case centered on the adequacy of an attorney’s immigration advice to a legal permanent resident who entered a guilty plea to a burglary charge. The habeas court denied petitioner's petition, finding that petitioner was advised "as accurately as possible regarding a negative impact on his immigration status, including, but not limited to, possible deportation." The court added: "[C]ounsel provided petitioner with consistent, accurate advice about the risk petitioner was facing. The advice and instruction provided to petitioner was neither 'mis-advice' nor insufficient or inadequate." Petitioner filed an application for a certificate of probable cause to appeal which the Supreme Court granted, posing the following question: "Did the habeas court properly analyze the claim presented?" The Supreme Court answered "no," reversed the habeas court, and remanded with directions.