Aguilar v. State of Oregon

Post-conviction relief is awarded by a court when a petitioner “establish[es] a ‘substantial denial’ of state or federal constitutional right” which would establish the conviction void. ORS 138.530(1)(a).

Petitioner appealed the trial court’s denial of post-conviction relief concerning the immigration consequences of his guilty pleas. Petitioner assigned error to the trial court’s denial for relief. Petitioner argued that he had inadequate assistance of counsel on the basis that he was not informed of the effects of a guilty plea on his eligibility for the Deferred Action for Childhood Arrivals (DACA) program and that, because he was not informed, he involuntarily entered a guilty plea. Post-conviction relief is awarded by a court when a petitioner “establish[es] a ‘substantial denial’ of state or federal constitutional right” which would render the conviction void. ORS 138.530(1)(a). The Court held that the petitioner was not denied his constitutional rights because he was advised of the consequences of the guilty plea when his counsel discussed the possibility of deportation by ICE and that the guilty plea would be grounds for deportation. Affirmed.