Franklin County Criminal Law Casebook
Reproduced with permission from
Allen V. Adair and the Franklin County Public Defender Office

IMMIGRATION (ME215)

R.C. 2943.031 -- Advice as to possible deportation, exclusion or denial of naturalization upon guilty or no contest plea.

8 U.S.C. Sec. 1182(a)(2) -- Persons convicted of crimes involving moral turpitude excluded from reentering the

United States.

8 U.S.C. Sec. 1251(a)(2)(A) -- Deportation for commission of an aggravated felony of for having committed a

crime involving moral turpitude

8 U.S.C. Sec. 1427(d) and 1429 -- If found subject to deportation, as would be inevitable upon conviction of

an aggravated felony, an alien would be unable to become a citizen.

State v. Weber (1997), 125 Ohio App. 3d 120 -- A court must grant a motion to withdraw a guilty plea pursuant to R.C. 2943.031(D) if (1) the court failed to provide the advisement set forth in Division (A) about possible immigration law consequences, (2) such advice was required, (3) the defendant is not a U.S. citizen, and (4) conviction of the offense carries possible consequences under immigration law. In need not be shown that withdrawal of the plea is necessary to correct a manifest injustice or that the plea would not have been entered if proper advice had been given.

State v. Odubanjo (1992), 80 Ohio App. 3d 329 -- While R.C. 2943.031 now requires that defendants be advised of the consequences of their plea if they are not U.S. citizens, court finds that the statute did not apply to defendant charged before the 1989 effective date. (Would seem pleas entered after 10-2-89 would have to include admonition.)

Return to Index