Thursday, December 30, 2010

Va. judges revisit noncitizens' convictions, sentences to prevent deportation

Va. judges revisit noncitizens' convictions, sentences to prevent deportation: A recent U.S. Supreme Court ruling that noncitizens in criminal cases must be advised of the possible consequences of a conviction has sparked a flurry of appeals by defendants who claim that they didn't know that conviction would lead to deportation.

But in Virginia, a similar battle has emerged over whether judges can revisit and reopen old cases or even summarily revise the sentences to avoid a convict's removal from the country.


A Loudoun County General District Court judge recently reopened four cases involving defendants who say they would not have pleaded guilty if they had known that they would be deported. In one instance this month, Loudoun prosecutors sought a court order to stop the judge from reopening such cases, but a Circuit Court judge refused.