People v. Barocio

In People v. Barocio (1989) 216 Cal.App.3d 99, although the defendant had pleaded guilty to a deportable offense, his counsel failed to research and to advise the defendant about the possible availability of means of avoiding deportation--obtaining a "recommendation against deportation" pursuant to the relevant federal statutes. There, the defendant did not claim that he was not advised, or that he was misadvised, of the immigration consequences of his plea. He did not allege that he would not have pleaded guilty because of counsel's failure to help him apply for a recommendation against deportation. His counsel was ineffective for failing to advise him of and to start the application proceedings to obtain such a recommendation, but the remedy for counsel's failure was not withdrawal of the plea; it was to request a recommendation against deportation from the sentencing court. (Id. at pp. 105, 107-108, 110.)