Piotr Budziszewski v. Commissioner of Correction.

Summary

The court held that counsel representing a noncitizen must accurately explain when federal immigration law mandates deportation following a guilty plea, using language the client can understand, although counsel need not predict whether or when immigration authorities will enforce that mandate. If counsel discusses enforcement likelihood, the advice must still convey that deportation will be practically inevitable once authorities apprehend the client. The court reversed and remanded for a new habeas trial because the habeas court did not make sufficient factual findings about counsel's actual advice or whether enforcement advice negated the required warning.