A unanimous panel of the Appellate Division, First Department, ruled yesterday in People v. Ramos, 1721/06, that an illegal immigrant who pleaded guilty in 2007 to selling drugs and now faces deportation for separate misdemeanor convictions is entitled to a hearing on his motion to vacate his plea for ineffective assistance of counsel under Padilla v. Kentucky, 130 S. Ct. 1473. In Padilla, the U.S. Supreme Court held that it is ineffective assistance of counsel when an attorney fails to advise a client that a plea could result in deportation. On Oct. 2, the First Department ruled in People v. Baret, 2735/95, that Padilla is retroactive.
The defendant in yesterday’s decision, Frankie Ramos, pleaded guilty to third-degree sale of controlled substances in exchange for a one-year sentence. He claims he would not have taken the plea if he knew it would lead to automatic deportation. Ramos alleges he needs dialysis unavailable in his native Honduras to stay alive.
