I write to inform you that there is a grave error in the article titled “NY Gives Birth to Non-Citizens' Right to a Jury Trial If Deportation Possible” by Joseph D. Nohavicka, published February 11, 2019.

Specifically, the article claims that, under the recent case of People v. Suazo, “The defendant has the burden to prove that he or she is in the country illegally.”

This is severely misleading because it is not just people who are here without status whose ability to avoid deportation may be affected by a criminal conviction. Crucially, many people with status, including Lawful Permanent Residents, may be rendered deportable by certain misdemeanor convictions. Indeed, even certain violations can be problematic. As a criminal appellate lawyer focusing on non-citizen representation, I have noticed a common misconception that a misdemeanor conviction is somehow irrelevant for those with legal status. This article strengths that dangerous myth.

In short, the Suazo case placed the burden on the defendant to show that the charged crime is a deportable offense given the defendant's status (whatever that may be).

Angad Singh is a staff attorney at Appellate Advocates.