Collateral consequences – immigration.

Philip D. Cave

Courthouse News Service is reporting the following:

A former Marine who allegedly used a government computer to access child pornography can’t be deported based on his conviction by special court-martial of violating military code, the 9th Circuit ruled. Honduran native Rigoberto Aguilar-Turcios was admitted to the United States as a legal permanent resident in 1996. Four years later, he joined the Marine Corps.

See Turcios v. Holder, ___ F. 3d ___ (9th Cir. 2009).

One would anticipate a government appeal. So, how does a defense counsel with a client who intends living in the Western states advise the client under similar circumstances, and remembering the admonitions of Miller and Denedo.

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