The Miami Immigration Lawyer at Revilla Law Firm, P.A., in Miami, Florida, represents clients throughout the state of Florida, including Aventura, Boca Raton, Bradenton, Clearwater, Coral Gables, Coral Springs, Fort Lauderdale, Fort Myers, Fort Pierce, Hialeah, Hollywood, Key West, Lake Worth, Melbourne, Miami, Miami Beach, Naples, Orlando, Palm Beach, Palm Springs, Pompano Beach, Sarasota, St. Petersburg, Sebring, Tampa, Titusville, Vero Beach, and Brevard County, Broward County, Collier County, Highlands County, Hillsborough County, Indian River County, Lee County, Manatee County, Martin County, Miami-Dade County, Monroe County, Orange County, Palm Beach County, Pinellas County, St. Lucie County, and including the Lake Okeechobee area, FL.

 

FORMER U.S. IMMIGRATION PROSECUTOR

This motion asks the court to vacate your plea based on the judge's failure to warn you that the plea amounts to a conviction that coud result in your deportation. Without that warning, your plea was not "knowing" or "voluntary" because the court did not follow the law and inform you about all of the consequences of giving up your right to trial and entering a plea of guilty. 

Once your plea is vacated because the trial court failed to warn you about deportation, the original conviction should not be used against you in immigration court.  The government; however, may argue that since the plea was vacated because the court failed to tell you about the deportation consequences, the vacation has no effect and you should be considered to be convicted for immigration purposes.