
THE IMMIGRATION CONSEQUENCES OF CRIMINAL CONVICTIONS By ADA B. POZO, Esq. Very often prosecutors, the court, and the general public view Motions to Vacate Pleas as a drain on an already extremely congested criminal justice system. As we are all aware, court dockets are overflowing with thousands of open cases. A Motion to Vacate filed on a case that was “resolved” months, years, and even decades prior is not always welcomed with the most open of arms. At a time when Florida court remedies had all but expired for individuals facing deportation as a result of pleas in criminal cases pursuant to, State v. Green, 944 So.2d 208 (Fla. 2006); along came, Padilla v. Kentucky, 130 S. Ct. 1473 (2010). Padilla opened up a new ground upon which to challenge convictions with immigration consequences based on a violation of defendants’ Sixth Amendment right to effective assistance of … [Read more...]







