Chernez-Viteri v. U.S., __ F.Supp.3d __, 2008 WL 2945443 (Unpublished) (W.D.N.C. Jul. 25, 2008) ("This Court finds that the possibility of deportation or permanent exclusion from the United States were areas of great concern to Petitioner and that absent the erroneous legal advice that he received concerning this issue, he would have rejected the plea offer and proceeded to trial. As such, Petitioner has established the prejudice required for an ineffective assistance of counsel claim in that absent counsel's errors, there is a "reasonable probability" that Petitioner would not have accepted the plea agreement and entered a guilty plea.")

jurisdiction: 
Other

 

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