Document Type

Article

Publication Date

2017

Abstract

This amicus brief was filed on behalf of the Immigrant Defense Project, the Immigrant Legal Resource Center and the National Immigration Project of the National Lawyers Guild in support of the petitioner in Jae Lee v United States, No. 16-327. The Supreme Court ruled in favor of Mr. Lee, holding that Lee met his burden of showing that his attorney's erroneous advice about deportation prejudiced him. The Court found that it would not have been irrational for Lee to reject the plea he accepted and go to trial, despite the fact that he was "almost certain" to lose at trial. Chief Justice Roberts wrote the 6-2 opinion.

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