PCRA • Risk of Deportation
Commonwealth v. Matias, PICS Case No. 16-1283 (C.P. Lehigh Oct. 13, 2016) Steinberg, J. (8 pages).
A legal permanent resident was convicted of possession with intent to deliver a controlled substance. The petitioner alleged that his counsel did not inform him, prior to entering his guilty plea, that he was at risk of deportation, and because of the ineffectiveness of his counsel, he entered a plea that was involuntary, unknowing or unintelligent. Petitioner sought post-conviction relief. On its review, it became clear to the court that petitioner’s counsel could not remember relevant details of discussing the immigration issues, and even the informally completed guilty plea colloquy. The court found that petitioner met his burden on each of the three factors for ineffective counsel and granted his petition, knowing that it might only delay the deportation process.
