Bahtiraj v. State, 2013 ND 240

Bahtiraj, a Bosnian national, pleaded guilty April 7, 2011 to a class C felony burglary (stealing cash registers) and two misdemeanors; court sentenced him to one year and one day for the felony.
Defense counsel discussed possible deportation but did not explain that a sentence of one year and one day would qualify the burglary as an "aggravated felony" under federal law, making removal presumptively mandatory and eliminating eligibility for cancellation of removal.
After conviction, Bahtiraj received a notice to appear for removal proceedings alleging convictions involving moral turpitude and an aggravated felony; an immigration judge later ordered deportation.
Bahtiraj petitioned for post-conviction relief claiming ineffective assistance of counsel for inadequate advice about immigration consequences of his plea.
The district court denied relief; the North Dakota Supreme Court reviewed the ineffective-assistance claim under Strickland and Padilla standards and affirmed.

Issue	Plaintiff's Argument (Bahtiraj)	Defendant's Argument (State)	Held
Whether counsel provided deficient performance by failing to advise that a 1+ year sentence would be an aggravated felony triggering mandatory deportation	Counsel misadvised by saying Bahtiraj "might" be deported, failed to explain aggravated-felony consequence and to consult immigration expert	Counsel gave sufficient notice that deportation was possible; Padilla requires only clear-statutory cases to mandate specific advice	Held deficient: statutes were clear (8 U.S.C. §§1101(a)(43)(G),1227); counsel’s failure to advise that 1+ year triggers aggravated-felony removal fell below objective norms
Whether Bahtiraj suffered prejudice from counsel’s deficient advice (i.e., would have gone to trial)	Bahtiraj would have insisted on trial and not pled guilty if properly advised of mandatory deportation and lack of waiver	Even if advice was deficient, Bahtiraj cannot show a reasonable probability he would have gone to trial because record shows strong evidence (confession), no identified defenses, and plea obtained sentencing benefit	No prejudice: court finds Bahtiraj’s claim is speculative and irrational given confession, lack of defenses, and plea benefit; Strickland second prong not met

Padilla v. Kentucky, 559 U.S. 356 (2010) (counsel must advise noncitizen client when deportation consequence is clear from statute)
Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance: deficiency and prejudice)
Hill v. Lockhart, 474 U.S. 52 (1985) (Strickland prejudice standard applied to guilty pleas)
Dominguez Benitez v. United States, 542 U.S. 74 (2004) (reviewing courts must be satisfied record shows a reasonable probability of a different outcome)
Premo v. Moore, 562 U.S. 115 (2011) (Strickland review requires deference; high burden for collateral relief)