GIN GRIDLEY
JUDICIAL BRANCH P.I.O.
April 28, 2008
FOR IMMEDIATE RELEASE
RE: 2008 MP 10, Commonwealth v. Shimabukuro, Supreme Court No. 06-0008-GA
Commonwealth Supreme Court affirms an alien defendant’s drug-related conviction
The Commonwealth Supreme Court joined with a majority
of federal and state courts in the United States in holding that deportation is
a collateral consequence of a criminal conviction. As such, attorneys need not inform
alien defendants of the potential immigration consequences of their guilty pleas.
In August 2002, Esterlita Shimabukuro, a citizen of
the Philippines and lawful permanent resident of the United States, and her husband
were arrested and charged with a number of drug-related offenses after law enforcement
officers searched their home and found a large cache of methamphetamine. Shimabukuro
faced a maximum sentence of life imprisonment and a fine of up to $18,000.
Before trial, Shimabukuro pled guilty to illegal possession
of a controlled substance and served an 18-month prison term pursuant to a plea
agreement. The charges levied against her husband were dismissed a day after she
pled guilty. Nearly two years later, Shimabukuro traveled to Hawaii where the Immigration
and Naturalization Service (“INS”) initiated deportation proceedings against Shimabukuro
under federal immigration law because of her conviction in the CNMI.
To avoid deportation, Shimabukuro sought to withdraw
her guilty plea with the Superior Court by claiming ineffective assistance of counsel.
She argued that her attorney never told her that she might be deported if she pled
guilty to illegal possession of a controlled substance. The Superior Court denied
her motion to withdraw her guilty plea.
On appeal, the Supreme Court affirmed Shimabukuro’s
conviction after finding that she was not denied effective assistance of counsel.
The Court ruled that deportation is a collateral consequence of a guilty plea. As
a result, the Court determined that the performance of her attorney, Vicente T.
Salas, did fall below an objective standard of reasonableness because he was not
required to inform her of the collateral consequences of her guilty plea. Regardless,
the Court noted that Salas did advise Shimabukuro that she might be deported if
she pled guilty.
The Supreme Court opinion was authored by Justice
Alexandro C. Castro, who was joined by Chief Justice Miguel S. Demapan, and Justice
John A. Manglona.
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