State of Wisconsin v. Melisa Valadez

Summary

The Wisconsin Supreme Court held that Melisa Valadez satisfied the requirements of Wis. Stat. § 971.08(2) because the circuit court failed to provide the required immigration warning before accepting her guilty pleas and her convictions made exclusion from admission to the United States likely. The court reversed and remanded for the convictions to be vacated and for Valadez to withdraw her pleas and enter new pleas, while declining to decide whether a time limit applies to such motions.

Holdings

1. A defendant satisfies Wis. Stat. § 971.08(2)'s requirement to show that a plea is likely to result in exclusion from admission when federal immigration law establishes that the defendant would likely be excluded if the defendant left the United States and sought readmission; the defendant need not show that exclusion proceedings have already begun or that exclusion has actually occurred.
2. Section 971.08(2) does not require a defendant seeking plea withdrawal based on likely exclusion from admission to prove that the federal government has manifested an intent to exclude the defendant or commenced exclusion proceedings.
3. The court did not decide whether a time limit applies to motions under Wis. Stat. § 971.08(2).

Questions Presented

1. Whether Valadez demonstrated under Wis. Stat. § 971.08(2) that her guilty pleas were likely to result in exclusion from admission to the United States.
2. Whether a defendant must show that the federal government has initiated exclusion or deportation proceedings before satisfying the statutory likelihood requirement.
3. Whether there is a time limit for filing a motion to withdraw a plea under Wis. Stat. § 971.08(2).

Disposition

reversed_and_remanded