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Appeals Court Remands Crimmigration Case on Judicial Error

A convicted foreign national who copped a plea will get an evidentiary hearing on his claim that his lawyer didn’t warn him about the deportation that awaits him at the end of his sentence on a murder rap. This after an appellate court agreed that his lawyer’s failure to alert him ahead of accepting the deal in a 12-year-old cold case materially affected the man’s decision. Andrei Pagsisihan, an illegal immigrant with a long list of priors, accepted a 38-year sentence in connection with the 1998 shooting death of a Chicago pawn shop owner. 3rd man charged in 1998 slaying of shop owner – Chicago Tribune

Cops in Chicago charged Pagsisihan for his participation in the crime based on DNA evidence while he was jailed on another charge in 2010. Two years later, he claimed not to know that he’d be deported for the guilty plea when he filed pro se a post-convicton petition. A three-member panel of judges from the First District Appellate Court ruled that Cook County Circuit Judge Diane Cannon acted in error when she dismissed the request for a Krankel hearing based on the state’s claim that an Immigration and Customs Enforcement decision to seek deportation on a previous conviction rendered the appeal moot. Article 122 – Post-Conviction Hearing :: 725 ILCS 5/      Code of Criminal Procedure of 1963. :: Illinois 725 ILCS 5/      Code of Criminal Procedure of 1963. :: 2005 Illinois Code :: Illinois Code :: US Codes and Statutes :: US Law :: Justia