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Santelises v. United States – Case Brief Summary (Federal Court)

In Santelises v. United States, 509 F.2d 703 (1975), the same petitioner returned to court after the denial of his coram nobis petition with the additional contention that he had been denied the effective assistance of counsel guaranteed by the Sixth Amendment.

The Second Circuit responded that the mere failure to advise the client about deportation does not even state a claim.

"All that is new is an appended affidavit from Robert Mitchell -- his counsel at the plea proceedings -- which states that Mitchell did not inform Santelises that he might be subject to deportation. This affidavit, however, is of no legal significance. Since Mitchell does not aver that he made an affirmative misrepresentation, Santelises fails to state a claim for ineffective assistance of counsel." Id. at 704.