Budziszewski v. Commissioner of Correction
2016 Conn. LEXIS 239, 142 A.3d 243, 322 Conn. 504 (2016)
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Rule of Law:
When federal law makes deportation a mandatory consequence of a criminal conviction, the Sixth Amendment's guarantee of effective assistance of counsel requires defense attorneys to unequivocally advise their noncitizen clients that a guilty plea will result in deportation. While counsel need not predict the likelihood of enforcement, any advice given on that topic must not undermine the certainty of the legal consequence.
Facts:
- Piotr Budziszewski, a Polish national and lawful U.S. permanent resident, twice sold narcotics to undercover police officers.
- Budziszewski was arrested and charged with several drug offenses.
- He hired Attorney Gerald Klein for his criminal defense.
- Klein negotiated a plea agreement for Budziszewski to plead guilty to one count of possession of a controlled substance with intent to sell.
- Budziszewski accepted the plea agreement and was sentenced.
- Following his release from state custody, federal authorities detained Budziszewski and initiated removal proceedings based on his felony conviction.
- A final order of removal was entered against Budziszewski.
Procedural Posture:
- Piotr Budziszewski filed a petition for a writ of habeas corpus in a state trial-level court (the 'habeas court').
- The petition alleged ineffective assistance of counsel, claiming his trial attorney failed to properly advise him of the mandatory deportation consequences of his guilty plea.
- The habeas court held a trial on the petition.
- After the trial, the habeas court granted the petition and vacated Budziszewski's conviction.
- The respondent, the Commissioner of Correction, appealed the habeas court's judgment to the state's highest court.
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Issue:
Does the Sixth Amendment right to effective assistance of counsel require a defense attorney to unequivocally advise a noncitizen client that a guilty plea to an aggravated felony will result in mandatory deportation, rather than merely a 'heightened risk,' when federal law clearly prescribes that consequence?
Opinions:
Majority - Rogers, C.J.
Yes. The Sixth Amendment right to effective assistance of counsel requires an attorney to unequivocally inform a noncitizen client that federal law mandates deportation as a consequence of pleading guilty when the immigration consequences are clear and prescribed by law. The court reasoned that under the precedent of Padilla v. Kentucky, when federal law is not ambiguous, counsel's duty is to accurately advise the client of those clear consequences. For an aggravated felony, which includes the petitioner's drug trafficking offense, federal law mandates deportation. Therefore, advising the client of merely a 'heightened risk' is constitutionally deficient because it fails to accurately characterize the law's command. While no specific 'magic words' are required, the essence of the advice must clearly convey the mandatory nature of the deportation in terms the client can understand. If counsel discusses the likelihood of enforcement, that advice must not negate the core message that deportation is legally inevitable upon apprehension.
Analysis:
This decision sharpens the requirements of Padilla v. Kentucky by establishing a clear distinction between ambiguous and mandatory immigration consequences. For offenses with clear, mandatory deportation outcomes, it elevates the standard of care for defense attorneys from a general warning of 'risk' to an unequivocal statement of legal certainty. This holding provides greater protection for noncitizen defendants, ensuring they cannot be misled by counsel's speculation about enforcement laxity when the law itself is unforgiving. It also provides lower courts with a more concrete framework for evaluating ineffective assistance of counsel claims in this specific context, focusing on the substance and clarity of the advice provided.
