Isac v. North Dakota
Annotate this CaseSidhassan Yaqub-Sharif Isac appealed an order denying his application for post-conviction relief. Isac was born in Somalia. He came to the United States when he was eight years old and has lived in country for roughly 20 years. He was not a United States citizen. In 2020, he was charged with possession of a controlled substance, possession of drug paraphernalia, and driving under suspension. He pleaded guilty and the district court sentenced him to 360 days imprisonment. He did not appeal. At the time of his plea he had roughly 25 other convictions, including drug and alcohol related crimes. United States Immigration and Customs Enforcement subsequently detained Isac pending proceedings to deport him to Somalia. Isac filed an application for post-conviction relief seeking to withdraw his guilty plea. He alleged Fourth Amendment violations based upon the length of the traffic stop leading to the charges. He later filed an amended petition asserting he received ineffective assistance of counsel because his attorney failed to advise him of the immigration consequences of a conviction. Finding no reversible error, the North Dakota Supreme Court affirmed.
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