335 P.3d 896
Utah Ct. App.2014Background
- Aguirre-Juarez, a non-U.S. citizen, pled guilty to one count of class A attempted identity fraud as part of a plea bargain; one count was dismissed.
- She used a fake green card, another person’s Alien Registration Number, and another person’s Social Security Number to obtain Utah employment.
- The district court sentenced her to 364 days in jail with a $200 fine; 350 days were suspended and 14 days already served.
- Immigration authorities had initiated deportation proceedings before the plea; counsel sought a shorter sentence to reduce deportation risk.
- The INA imposes deportation/removal consequences for crimes of moral turpitude; a six-month-or-less sentence could affect admissibility.
- On appeal, Aguirre-Juarez argued ineffective assistance of counsel for not securing a plea that avoided permanent inadmissibility; the State argued no prejudice anyway.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s performance was prejudicial given immigration consequences | Aguirre-Juarez contends counsel failed to address deportation risk in the plea. | State argues no prejudice; even with different plea, other INA provisions may bar re-entry. | Prejudice not shown; claim rejected |
| Whether another INA provision would bar re-entry irrespective of the plea | Six-month sentence would avoid the moral-turpitude bar and allow re-entry. | INA § 1182(a)(6)(C) would still bar based on fraudulent employment actions. | Bar applies; no prejudice shown |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court, 1984) (two-prong ineffective-assistance framework)
- Padilla v. Kentucky, 559 U.S. 356 (U.S. Supreme Court, 2010) (deportation consequences require clear advice when final)
- State v. Tennyson, 850 P.2d 461 (Utah Ct. App. 1993) (defendant must show deprivation of effective assistance as a matter of law)
- State v. Clark, 89 P.3d 162 (Utah, 2004) (standard for evaluating ineffective assistance claims)
- Jordan v. De George, 341 U.S. 223 (U.S. Supreme Court, 1951) (crimes of fraud involve moral turpitude)