January 14, 2016
Amended petition for a writ of habeas corpus, brought to the
Superior Court in the judicial district of Tolland and tried
to the court, Oliver, J.; judgment denying the petition, from
which the petitioner, on the granting of certification,
appealed to this court.
petitioner sought a writ of habeas corpus, claiming that his
trial counsel had provided ineffective assistance by failing
to adequately advise him of the immigration consequences of
his guilty pleas to the crimes of assault in the second
degree and carrying a pistol without a permit, for which he
was convicted. The habeas court rendered judgment denying the
petition and, thereafter, granted the petition for
certification to appeal, and the petitioner appealed to this
court. The petitioner was a citizen of Jamaica who had
visited the United States, married an American citizen, and
received permanent resident status. The United States
Immigration Court issued a deportation order, which did not
state the official basis for his removal, and the petitioner
was deported during the pendency of this appeal.
that the petitioner's appeal was dismissed as moot, there
having been no practical relief that this court could afford
him: given that the petitioner was deported after the habeas
trial underlying the present appeal, this court could not
ascertain the basis for his deportation on the record before
it, and, therefore, the petitioner failed to establish that
the underlying conviction was the exclusive basis for his
deportation; moreover, given that the petitioner failed to
produce any evidence before the habeas court that, in the
absence of his convictions, he would be permitted to return
to the United States, the petitioner failed to establish that
this court retained jurisdiction over his appeal pursuant to
the collateral consequences doctrine.
N. Williams, for the appellant (petitioner).
L. McChesney, special deputy assistant state's attorney,
with whom, on the brief, were Gail P. Hardy, state's
attorney, and Robin D. Krawczyk, senior assistant state's
attorney, for the appellee (respondent).
Lavine and Mullins, Js.[*] MULLINS, J. In this opinion the
other judges concurred.
Conn.App. 863] The petitioner, Fabian Richards, appeals from
the judgment of the habeas court denying his petition for a
writ of habeas corpus. In his petition, the petitioner
alleged that his criminal trial counsel had provided
ineffective assistance by failing to advise the petitioner
adequately of the immigration consequences he faced by
entering a guilty plea. Because the petitioner already has
been deported to Jamaica, pursuant to a deportation order
issued by the United States Immigration Court, and has failed
to establish that any practical relief could be provided by
this court, we conclude that his appeal is moot. Accordingly,
the appeal is dismissed.
petitioner is a native of Jamaica, who lawfully entered this
country on January 8, 2007, on a visitor visa. He married a
citizen of the United States and received permanent resident
status in 2010. In 2012, the petitioner entered guilty pleas
to charges of second degree assault in violation of General
Statutes § 53a-60 (a) (2) and carrying a pistol without
a permit in violation of General Statutes § 29-35 (a).
Subsequently, he brought this habeas petition alleging that
his trial counsel rendered ineffective assistance by failing
to advise him adequately of the immigration consequences of
his [164 Conn.App. 864] plea. The habeas court denied his
petition but granted certification to appeal, and the
petitioner filed the present appeal.
months after the petitioner had filed his appellate brief,
the respondent, the Commissioner of Correction, on October 1,
2015, submitted to the Appellate Court clerk's office a
letter that stated: " The Commissioner respectfully
requests that the clerk bring the following matter to the
court's attention. During the pendency of this appeal,
the petitioner has been deported from the United States to
Jamaica pursuant to an immigration court deportation order.
This is a relevant fact for the court's consideration
under State v. Aquino, 279 Conn. 293, 901 A.2d 1194
(2006), and St. Juste v. Commissioner of Correction,
155 Conn.App. 164, 109 A.3d 523, cert. granted, 316 Conn.
901, 111 A.3d 470 (2015)."
respondent also submitted a letter of supplemental authority,
stating that it may also refer to 8 U.S.C. § 1229b (a),
8 U.S.C. § 1229b (d), 8 U.S.C. § 1182 (a) (2) (A),
and 8 U.S.C. § 1182 (a) (2) (C). The respondent contends
that the appeal is moot. The petitioner's counsel
concedes that the petitioner has been deported, but argues
that the matter is not moot. We agree with the [164