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Chicago woman loses deportation appeal in US Supreme Court

After living in the Chicago area as a legal resident for over 30 years, one woman will be deported back to her native Mexico. The woman's immigration status became jeopardized when she was advised to plead guilty to criminal charges in 1998. The next decade would include legal struggles that would ultimately lead to the woman's imminent deportation today.

The woman was involved in a mail fraud scheme, but was able to pay restitution in full by 2004. When the woman applied for an adjustment of immigration status shortly thereafter, she learned that the earlier fraud conviction would lead to deportation, a fact she wasn't informed of prior to entering a guilty plea in court.

Despite related 2010 ruling, the Supreme Court wouldn't apply prevent the immigration action from taking place. In the 2010 case, the high court ruled that a non-citizen was entitled to a new trial because his attorney didn't fully advise him of the consequences entering a guilty plea. Because the Chicago woman went on trial years prior to the court's decision, the judgment would not apply to her case.

In some instances, receiving a plea bargain can be considered a best available legal option. Despite the plea agreement this woman received for admitting to committing acts of fraud, she was left uninformed of what exactly her actions would mean for her and her family in Chicago.

Above all else, this case serves as a reminder of how important it is to receive trustworthy legal guidance. An undocumented immigrant who is unfamiliar with even the basics of criminal and immigration law may not have an understanding of their options, which is why it is beneficial to move into a criminal trial fully informed. This way, individuals can work alongside an attorney and work to positively resolve their legal challenges.

Source: Los Angeles Times, "U.S. Supreme Court won't block Chicago woman's deportation," David G. Savage, Feb. 20, 2013

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Godoy Olivieri, Ltd.-An immigration law firm

2021 Midwest Road
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Oak Brook, IL 60523
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Chicago, IL. 60608
312-445-0591 local
800-264-2752 toll free
630-705-5258 fax
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