Post-Conviction Relief for Immigrants

A guilty plea that is obtained through “coercion, terror, inducements, [or] subtle or blatant threats” is involuntary and violative of due process.[401]  “[P]leas induced by threats (or promises to discontinue improper harassment), misrepresentation (including unfulfilled or unfulfillable promises), or perhaps by promises that are by their nature improper as having no proper relationship to the prosecutor’s business (e.g. bribes) . . . [cannot stand].”[402]

A number of scenarios can lead to a finding of a coerced plea, or the failure of the court to conduct a sufficient inquiry to protect against a coerced plea, sufficient to invalidate the conviction.

[401] See Boykin, 395 U.S. at 243 [fn. omitted]; Machibroda v. United States, 368 U.S. 487 (1962); Sanchez v. United States, 50 F.3d 1448, 1454 (9th Cir. 1995). 

[402] Brady v. United States, 397 U.S. 742, 755, 90 S.Ct. 1463, 1472, 25 L.Ed.2d 747 (1969) (quoting Shelton v. United States, 242 F.2d 101, 115 (5th Cir. 1957) (Tuttle, J., dis.)).