On April 9, 2015, attorney Eric Newmark argued before the Minnesota Court of Appeals, sitting in Rochester. The case involved a client who, with a different lawyer, pleaded guilty to a crime that resulted in the client’s deportation. The lawyer did not advise the client that his plea would result in him being deportable. Newmark argued, consistent with US Supreme Court precedent, that his lawyer was ineffective by failing to advise him of the specific immigration consequences.
Newmark has, in other cases, successfully obtained court orders allowing non-citizens to withdraw guilty pleas in similar circumstances and then reached new agreements to avoid deportation. In one case, Newmark earned a jury acquittal to a crime his client previously previously pleaded guilty to following inadequate advice from his lawyer.
Eric has previously taught legal education courses on the immigration consequences of criminal convictions.
If you are charged with a crime that has potential immigration consequences, or pleaded guilty to a crime previously and are now facing immigration consequences, contact NewmarkStorms for a case evaluation.