Client Released from Federal Immigration Detention Thanks to the Great Work of Nisha Sandhu, our Appellate Division Chief

Client released from federal immigration detention on withdrawal of guilty plea in State court.

The firm of Martin E. Regan and Associates successfully argued to withdraw the guilty plea of a legal permanent resident facing deportation after pleading guilty to state criminal charges. The Petitioner had been charged with a state criminal offense in 2009. He was offered a plea deal, but his attorney at that time did not advise that he could face deportation by taking the plea. In 2010, he pled guilty. As a result of pleading guilty, he was detained by federal authorities and ordered for deportation earlier this year.

In state post-conviction proceedings, the trial court considered whether his guilty plea should be withdrawn, under the United States Supreme Court’s decision in Padilla v. Kentucky, 130 S.Ct. 173 (2010). In Padilla, the Supreme Court held that criminal defense attorneys must advise their noncitizen clients about immigration consequences in entering a guilty plea.

On July 28, 2011, the trial court granted his Application for Post-Conviction Relief, and ordered the guilty plea withdrawn. As a result, federal authorities released him from detention on August 2, 2011.