Com. v. Foreus, J., Com. v. Foreus, J. No. 1395 MDA 2016

On Nov. 22, 2014, Jacques Foreus and his brother assaulted Keemkwing Mathurin III with punches and a beer bottle; Mathurin required ER treatment. Police identified both brothers as assailants.
On Feb. 12, 2015, Foreus pled guilty to simple assault (misdemeanor) and nolo contendere to riot (felony) in a negotiated disposition; he was sentenced to time served and immediately paroled.
In July 2015 Foreus was detained by ICE and charged as removable based on the 2015 convictions.
Foreus filed a timely, counseled PCRA petition (Nov. 25, 2015) claiming plea counsel was ineffective under Padilla v. Kentucky for failing to advise him of immigration consequences and not researching immigration law.
At the PCRA hearing counsel testified he warned Foreus there might be deportation consequences and advised him to consult an immigration attorney; Foreus acknowledged that advice.
The PCRA court denied relief, concluding counsel’s warning to consult immigration counsel satisfied Padilla; the Superior Court affirmed.

Issue	Foreus' Argument	Commonwealth / Counsel's Argument	Held
Whether plea counsel was ineffective under Padilla for not researching immigration law and failing to advise of deportation consequences	Counsel knew Foreus was noncitizen and should have researched immigration law and given specific immigration advice; counsel’s failure rendered plea involuntary	Counsel warned Foreus there might be immigration consequences and told him to consult an immigration lawyer; did not have expertise in immigration law	Counsel’s warning and recommendation to consult an immigration attorney satisfied Padilla; no ineffective assistance shown

Padilla v. Kentucky, 559 U.S. 356 (2010) (attorney must advise of clear, direct deportation consequences; if law unclear, advise that risk exists and recommend immigration counsel)
Commonwealth v. Wah, 42 A.3d 335 (Pa. Super. 2012) (Padilla satisfied where counsel warned of immigration consequences and advised consulting immigration attorney)
Commonwealth v. Ghisoiu, 63 A.3d 1272 (Pa. Super. 2013) (same)
Commonwealth v. V.G., 9 A.3d 222 (Pa. Super. 2010) (nolo contendere treated as guilty plea)