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COMMONWEALTH v. DeJESUS

No. SJC-11392.

468 Mass. 174 (2014)

COMMONWEALTH v. ELAN DeJESUS.

Supreme Judicial Court of Massachusetts, Suffolk.

May 19, 2014.

Attorney(s) appearing for the Case

Zachary Hillman , Assistant District Attorney, for the Commonwealth.

Eduardo Antonio Masferrer ( Oriosto Medrano Santana with him) for the defendant.

Emma Winger & Wendy Wayne , Committee for Public Counsel Services, for Committee for Public Counsel Services Immigration Impact Unit, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

DUFFLY, J.

We are asked in this case to consider whether defense counsel's advice to his noncitizen client that if the client pleaded guilty to drug possession charges he would be "eligible for deportation" was constitutionally deficient. Because, under applicable immigration law, the conviction of a noncitizen of possession with intent to distribute cocaine makes deportation or removal from the United States automatic or...

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