GONZALEZ v. STATE OF OREGON

(CC 01-2018; CA A115934; SC S51309).

134 P.3d 955 (2006)

340 Or. 452

Jose Luis Vega GONZALEZ, Respondent on Review, v. STATE of Oregon, Petitioner on Review.

Supreme Court of Oregon.

Decided April 27, 2006.


Attorney(s) appearing for the Case

Brendan C. Dunn, Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

James N. Varner, Newberg, argued the cause and filed the brief for respondent on review.

Marc Sussman, Portland, filed the brief for amici curiae Miles McLeod, American Association of Immigration Lawyers, and Oregon Criminal Defense Lawyers Association.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, BALMER, and KISTLER, Justices.


KISTLER, J.

The question in this case is whether petitioner's defense counsel provided constitutionally adequate assistance when he advised petitioner that the federal government may deport him if he pleaded guilty. The Court of Appeals held that counsel failed to provide adequate assistance because he did not tell petitioner that, unless the Attorney General or his designee chose not to pursue deportation proceedings, petitioner would be deported. Gonzalez v....

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