JAIME FONTALVO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A legal permanent resident challenged the denial of his Rule 3.850 motion to withdraw his guilty plea based on inadequate explanation of deportation consequences. The appellate court reversed, holding that legal permanent residents are subject to deportation and thus qualify for relief under State v. Green.
Legal permanent residents are subject to deportation and thus qualify for relief under State v. Green. The trial court's conclusion that Fontalvo was ineligible because he could not be deported was incorrect.
[1] A legal permanent resident may be subject to deportation.
[2] A defendant seeking to withdraw a plea based on inadequate explanation of deportation consequences must demonstrate they are subject to deportation.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because Bugarin is a permanent resident alien, he will be subject to deportation upon his release from prison and may be ineligible for benefits such as early release, certain prison programs, or assignment to a minimum-security prison during his incarceration.”
Establishes that legal permanent residents face deportation consequences
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJaime Fontalvo, a legal permanent resident, entered a guilty plea. The trial court denied his Rule 3.850 motion to withdraw the plea on the ground tha…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Deportation Consequences Of Plea cases and more on FLexlaw
The defendant’s Rule 3.850 motion to withdraw his plea on the ground that its deportation consequences had not been adequately explained was denied after an evidentiary hearing, on the ground, citing Kindelan v. State, 826 So.2d 1004 (Fla. 3d DCA 2001), that as a legal permanent resident he was not subject to deportation and thus was unqualified for relief under State v. Green, 944 So.2d 208 (Fla.2006). While understandable in view of the confusing statement in Kindelan, 826 So.2d at 1005, n. 1, that “[i]t is undisputed that a resident alien who is not given permanent resident status is ‘excludable’ from this country by the INS,” this conclusion is incorrect. See United States v. Bugarin, 312 Fed.Appx. 147, 149 (10th Cir.2009) (“Because Bugarin is a permanent resident alien, he will be subject to deportation upon his release from prison and may be ineligible for benefits such as early release, certain prison programs, or assignment to a minimum-security prison during his incarceration.”); see also Immigration & Naturalization Serv. v. St. Cyr, 533 U.S. 289, 293, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001) (St. Cyr, a lawful permanent resident (LPR) pled guilty to an aggravated felony, thus making him subject to deportation.); Discipio v. Ashcroft, 417 F.3d 448, 449 (5th Cir.2005) (“Petitioner Ferdinando Discipio, a permanent resident of the United States, became subject to deportation under the Immigration and Nationality Act after a Massachusetts court convicted him of possession with intent to distribute Perco-cet.”).
Because the court therefore erroneously did not reach the merits of the defendant’s showing under Green, we reverse the order below for such a determination.1
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Marvalene Hannibal and Kendra Matthews v. Portia Brandy Navarro and Alzata Thurston, 317 So. 3d 1179 (Fla. 3d DCA 2021)
Authorities Cited
- Immigr. & Naturalization Serv. v. ST. Cyr, 533 U.S. 289 (U.S. 2001)
- State v. Owran Green, 944 So. 2d 208 (Fla. 2006)
- Gonzalez v. State, 826 So. 2d 1004 (Fla. 3d DCA 2001)
- Kindelan v. State, 826 So. 2d 1004 (Fla. 3d DCA 2001)