State v. Melisa Valadez
2016 WI 4
| Wis. | 2016Background
- Valadez, a non-citizen, pled guilty in 2004-2005 to drug-related offenses in Wisconsin, later seeking to withdraw those pleas.
- The circuit court failed to provide the immigration consequences warning required by Wis. Stat. § 971.08(l)(c) during plea colloquies.
- Valadez filed a Wis. Stat. § 971.08(2) motion in 2013, arguing withdrawal is required because the plea is likely to cause immigration consequences.
- The circuit court denied the motion, citing Negrete’s framework that requires a nexus showing and reliance on potential deportation or other consequences.
- The court of appeals certified questions about (a) whether ‘likely’ immigration consequences include exclusion from admission, and (b) whether a time limit governs § 971.08(2) motions.
- The Wisconsin Supreme Court held that Valadez demonstrated the pleas are likely to result in exclusion from admission and reversed, remanding to vacate judgments and allow withdrawal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pleas are likely to cause exclusion from admission | Valadez: likely exclusion based on federal law for LPR with convictions | State: relies on Negrete's deportation focus; exclusion not proven yet | Yes; pleas likely to cause exclusion from admission |
| Whether a time limit on § 971.08(2) motions exists | Valadez timely under equitable considerations | State urged potential time constraints; Romero-Georgana suggested limits in some contexts | Not decided; court did not resolve time-limit issue |
Key Cases Cited
- State v. Negrete, 343 Wis. 2d 1 (2012 WI 92) (defines 'likely' immigration consequences and nexus requirements)
- State v. Romero-Georgana, 360 Wis. 2d 522 (2014 WI 83) (discussed time-limit implications for 971.08(2) claims)
- State v. Shata, 364 Wis.2d 83 (2015 WI 74) (deportation and ineffective assistance context; cautions about deportation certainty)
- State v. Ortiz-Mondragon, 364 Wis.2d 1 (2015 WI 73) (ineffective assistance and immigration consequences under plea warnings)
- State v. Denk, 315 Wis.2d 5 (2008 WI 130) (contextual references to postconviction procedures)