UNITED STATES OF AMERICA v. PHILIP SWABY
US Court of Appeals for the Fourth Circuit, Gregory, April 24, 2017,
Ineffective Assistance- A court’s advisement that a plea deal carries a “risk” of deportation is not enough to correct a failure to advise that a conviction is automatically deportable.

Advising a defendant that there is a “risk” of deportation isn’t enough; you have to tell a defendant that they face “likely mandatory” deportation. Because, you know, those things aren’t in any way the same…

Facts: Swaby was advised by his attorney that his plea deal carried a risk of deportation, but it was actually automatically deportable.

IAC – Counsel’s failure to advise a client about “succinct, clear, and explicit” immigration consequences for a conviction is constitutionally deficient performance under the Sixth Amendment.

IAC – If a plea makes a defendant automatically deportable, counsel must inform them of that fact.