Commonwealth v. Lavrinenko, 473 Mass. 42

Defendant Lavrinenko, a Russian refugee admitted to the U.S., faced a 2005 plea in Springfield District Court on multiple charges including assault by means of a dangerous weapon (a stick).
Plea negotiations were part of a global resolution; Lavrinenko pled guilty to several charges and admitted prior probation violation, with concurrent sentencing totaling 90 days’ confinement.
Plea counsel testified that he routinely warned clients about immigration consequences, but had no memory of discussing Lavrinenko’s refugee status or immigration specifics.
The motion to withdraw the guilty plea was denied after an evidentiary hearing; the judge found counsel’s performance deficient for not addressing immigration status but concluded Lavrinenko was not prejudiced due to the plea’s relatively lenient outcome.
Lavrinenko filed a motion for new trial in 2013 seeking relief based on ineffective assistance of counsel; the district court remanded for further proceedings.
The Supreme Judicial Court vacated the denial, remanding for an evidentiary prejudice inquiry that gives substantial weight to refugee status and considers the risk of loss of discretionary relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel’s failure to inquire about citizenship violated art. 12.	Lavrinenko; deficient inquiry destroyed effective representation.	Lavrinenko; standard warnings suffice without refugee-status inquiry.	Yes; deficient performance required remand for prejudice inquiry.
Whether refugee status constitutes a special immigration circumstance.	Lavrinenko’s refugee status is a special circumstance affecting prejudice.	Special circumstances exist but do not automatically prove prejudice.	Yes; refugee status is a special circumstance with substantial weight.
How prejudice should be determined on remand given immigration considerations.	Totality of circumstances, with refugee status heavily weighted, could show probability of trial over plea.	Prejudice requires a strong showing beyond refugee status alone.	Remand for an evidentiary hearing to assess prejudice with refugee status given substantial weight.

Commonwealth v. Clarke, 460 Mass. 30 (Mass. 2011) (ineffective assistance; special-circumstances approach; immigration consequences)
Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010) (duty to advise on deportation risks; standard of reasonable counsel diligence)
Commonwealth v. DeJesus, 468 Mass. 174 (Mass. 2014) (standard for withdrawing guilty plea; prejudice inquiry)
Ferrara v. United States, 456 F.3d 278 (1st Cir. 2006) (prejudice standard in plea withdrawal; totality of circumstances)
In re Jean, 23 I. & N. Dec. 373 (A.G. 2002) (heightened standard for violent/dangerous refugees; discretionary relief)