Yesterday, the Virginia Supreme Court nullified the Supreme Court’s holding in Padilla v. Kentucky.  Basically, what happened is this, in Virginia there is a two year time limit on filing writs of habeas corpus.  Since most individuals who have immigration consequences of their criminal convictions find out about these consequences long after the two year time frame, attorneys have been filing what’s called writs of coram vobis arguing ineffective assistance of counsel based on this so called Padilla violation.  The Virginia court ruled yesterday that the coram vobis is not the appropriate vehicle for an ineffective assistance of counsel claim.  The Commonwealth’s attorney says he’s thrilled to pieces because these cases will go before the federal immigration courts ‘where they belong’.

This is a head scratcher for me.  I don’t have any idea what relief a person wronged by their counsel could seek in federal immigration court since that court has no jurisdiction over the criminal matter.  What I think Virginia court are saying saying is this:  “Too fucking bad. Go back to where you came from.”  I could be wrong, but I don’t think so.  If there is no post-conviction relief available after two years, there is no post-conviction relief available at all.  If Virginia courts aren’t saying “Too fucking bad, go back to where you came from” then their prosecutors certainly are.  These are prosecutors who file writs against judges and who appeal 1 day reductions in sentences (remember, there’s a big difference between 365 and 364 days)  just to make sure that people get deported.  One wonders why it matters so much, they got their conviction, they got their sentence (albeit a 1 day reduction).  It matters because they don’t want them here.  Go back to where you fucking came from.

Dear reader, I am so pissed right now I can barely see straight. Here is the link to the decision.  Ask yourself this question:  Can this really be a legitimate consequence of a guilty plea to a misdemeanor assault?  Can this be the intended consequence of a plea to larceny?  Can it be the intended consequence that people will serve their debt to society in the criminal context and then be ripped away from their entire lives?  Clearly, in Virginia, the answer is yes.

If there is a prosecutor in Virginia who reads this, maybe one of those that is thrilled that they won’t have to deal with this anymore, let me ask you this – do you realize the harm you do to people? When you get up in the morning and think that you are saving the world, do you ever stop and think that today, you will destroy someone’s life who might not really deserve it?  What could possibly drive you to appeal a four day reduction in sentence so that someone who has turned their life around, become a pastor, a father, and a productive member of our social fabric can be kicked out of the country.  I’m going to ask you what people ask us criminal defense lawyers all the time, how do you sleep at night? And then you wonder why we get a small thrill when one of your kind has to face your own music.