Summary
The Rhode Island Supreme Court denied Enrique Herber Gomez's appeal from orders rejecting his motions to vacate or amend his convictions and his application for post-conviction relief. The court held that amendments to G.L. 1956 § 12-12-22 concerning advisement of immigration consequences did not apply retroactively to Gomez's 1996 nolo contendere pleas. It also rejected his ineffective-assistance claim because he failed to demonstrate that counsel's advice fell below the required standard of competence.
Topics
Practice areas
Questions Presented
- Whether G.L. 1956 § 12-12-22(b) and (c), which concern advisement of immigration consequences and possible plea vacatur, applied retroactively to Gomez's 1996 pleas.
- Whether the failure of counsel to advise Gomez about possible immigration consequences constituted ineffective assistance of counsel warranting post-conviction relief.
Holdings
- The 2000 amendments to § 12-12-22 did not apply retroactively to pleas entered before July 20, 2000, so Gomez could not obtain relief under those amendments for his 1996 pleas.
- Before July 20, 2000, a defendant did not have to be informed about possible or certain deportation because deportation was a collateral consequence of a plea.
- Gomez failed to establish ineffective assistance of counsel because he did not allege or present evidence that counsel's advice fell outside the range of competence demanded of criminal defense attorneys.
Key quotations
“The possibility of deportation is only a collateral consequence [of a plea] because that sanction is controlled by an agency which operates beyond the direct authority of the trial [justice].” (1278)
“There is no duty to inform alien defendants of the collateral consequence of possible or certain deportation.” (1279)
Factual background
In 1996, Gomez, a citizen of the Dominican Republic and a lawful permanent resident of the United States, pleaded nolo contendere to reckless operation of a motor vehicle and an amended charge of possession of heroin. He received probationary sentences, and neither the trial justice nor his counsel advised him that the plea could affect his immigration status. Federal immigration proceedings were later initiated, and appellate counsel indicated that Gomez likely had been deported.
Procedural history
Gomez entered nolo contendere pleas in the Superior Court in 1996. In 2001, the Superior Court denied his motion to vacate or amend the judgment under G.L. 1956 § 12-12-22 and later denied a similar application for post-conviction relief. He appealed both judgments, and the Rhode Island Supreme Court summarily decided the appeal after the parties were ordered to show cause.
Remand instructions
The papers were returned to the Superior Court; no substantive remand instructions were given.