Commonwealth v. Santana: Immigration Risks of Guilty Pleas

A recent Massachusetts Supreme Judicial Court ruling highlights the importance of fully advising defendants about the immigration consequences of a guilty plea. In Commonwealth v. Santana, the Court found that a motion judge should have held an evidentiary hearing before denying a plea withdrawal request from a lawful permanent resident who said he wasn’t warned that his conviction would make deportation nearly certain.

The case builds on Padilla v. Kentucky, which requires defense attorneys to provide clear guidance on immigration risks. The SJC noted that, in this situation, the dispute over what advice was given couldn’t be settled based solely on the written record.

Attorney Murat Erkan was quoted in the article, pointing out that when deportation is essentially unavoidable, courts should be careful about denying relief without hearing from the people directly involved. He stressed that evidentiary hearings are often necessary to determine what was actually communicated between attorney and client.

You can read the full article here