jae
lee
argued
march
decided
june
petitioner
jae
lee
moved
south
korea
parents
years
spent
country
never
returned
south
korea
become
citizen
living
instead
lawful
permanent
resident
federal
officials
received
tip
confidential
informant
lee
sold
informant
ecstasy
marijuana
obtaining
warrant
officials
searched
lee
house
found
drugs
cash
loaded
rifle
lee
admitted
drugs
grand
jury
indicted
one
count
possessing
ecstasy
intent
distribute
lee
retained
counsel
entered
plea
discussions
government
plea
process
lee
repeatedly
asked
attorney
whether
face
deportation
attorney
assured
deported
result
pleading
guilty
based
assurance
lee
accepted
plea
sentenced
year
day
prison
lee
fact
pleaded
guilty
aggravated
felony
immigration
nationality
act
contrary
attorney
advice
subject
mandatory
deportation
result
plea
see
iii
lee
learned
consequence
filed
motion
vacate
conviction
sentence
arguing
attorney
provided
constitutionally
ineffective
assistance
evidentiary
hearing
lee
counsel
testified
deportation
determinative
issue
lee
deciding
whether
accept
plea
lee
counsel
acknowledged
although
lee
defense
charge
weak
known
lee
deported
upon
pleading
guilty
advised
go
trial
magistrate
judge
recommended
lee
plea
set
aside
conviction
vacated
district
however
denied
relief
sixth
circuit
affirmed
applying
test
ineffective
assistance
claims
strickland
washington
sixth
circuit
concluded
government
conceded
lee
counsel
performed
deficiently
lee
show
prejudiced
attorney
erroneous
advice
held
lee
demonstrated
prejudiced
counsel
erroneous
advice
pp
defendant
claims
counsel
deficient
performance
deprived
trial
causing
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plea
defendant
show
prejudice
demonstrating
reasonable
probability
counsel
errors
pleaded
guilty
insisted
going
trial
hill
lockhart
lee
contends
make
showing
never
accepted
guilty
plea
known
result
deportation
government
contends
lee
show
prejudice
accepting
plea
hope
trial
something
unexpected
unpredictable
might
occur
lead
acquittal
pp
government
makes
two
errors
urging
adoption
per
se
rule
defendant
viable
defense
show
prejudice
denial
right
trial
first
forgets
categorical
rules
ill
suited
inquiry
demands
examination
totality
evidence
williams
taylor
internal
quotation
marks
omitted
strickland
fundamentally
overlooks
hill
lockhart
inquiry
focuses
defendant
decisionmaking
may
turn
solely
likelihood
conviction
trial
decision
whether
plead
guilty
also
involves
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respective
consequences
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trial
plea
see
ins
cyr
consequences
defendant
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similarly
dire
even
smallest
chance
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trial
may
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attractive
lee
deportation
time
prison
meaningfully
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deportation
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less
time
says
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rejected
plea
leading
deportation
favor
throwing
hail
mary
trial
pointing
strickland
government
urges
defendant
entitlement
luck
lawless
decisionmaker
statement
however
made
context
discussing
presumption
reliability
applied
judicial
proceedings
place
defendant
deprived
proceeding
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individual
defendant
done
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even
highly
improbable
result
may
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extent
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defendant
decisionmaking
pp
courts
upset
plea
solely
post
hoc
assertions
defendant
pleaded
attorney
deficiencies
rather
look
contemporaneous
evidence
substantiate
defendant
expressed
preferences
unusual
circumstances
case
lee
adequately
demonstrated
reasonable
probability
rejected
plea
known
lead
mandatory
deportation
lee
attorney
testified
deportation
determinative
issue
lee
responses
plea
colloquy
confirmed
importance
placed
deportation
strong
connections
ties
south
korea
government
argues
lee
convince
decision
reject
plea
bargain
rational
circumstances
padilla
kentucky
since
deportation
almost
certainly
result
trial
unlike
government
say
irrational
someone
lee
position
risk
additional
prison
time
exchange
holding
chance
avoiding
deportation
pp
reversed
remanded
roberts
delivered
opinion
kennedy
ginsburg
breyer
sotomayor
kagan
joined
thomas
filed
dissenting
opinion
alito
joined
except
part
gorsuch
took
part
consideration
decision
case
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
jae
lee
petitioner
writ
certiorari
appeals
sixth
circuit
june
chief
justice
roberts
delivered
opinion
petitioner
jae
lee
indicted
one
count
possessing
ecstasy
intent
distribute
although
lived
country
life
lee
citizen
feared
criminal
conviction
might
affect
status
lawful
permanent
resident
attorney
assured
nothing
worry
government
deport
pleaded
guilty
lee
real
defense
charge
opted
accept
plea
carried
lesser
prison
sentence
faced
trial
lee
attorney
wrong
conviction
meant
lee
subject
mandatory
deportation
country
lee
seeks
vacate
conviction
ground
accepting
plea
received
ineffective
assistance
counsel
violation
sixth
amendment
everyone
agrees
lee
received
objectively
unreasonable
representation
question
presented
whether
show
prejudiced
result
jae
lee
moved
south
korea
time
parents
settled
family
new
york
city
opened
small
coffee
shop
graduating
business
high
school
manhattan
lee
set
memphis
tennessee
started
working
restaurant
three
years
lee
decided
try
hand
running
business
assistance
family
lee
opened
mandarin
palace
chinese
restaurant
memphis
suburb
mandarin
success
lee
eventually
opened
second
restaurant
nearby
years
spent
country
lee
never
returned
south
korea
become
citizen
living
instead
lawful
permanent
resident
time
running
lawful
businesses
lee
also
engaged
illegitimate
activity
confidential
informant
told
federal
officials
lee
sold
informant
approximately
ecstasy
pills
two
ounces
hydroponic
marijuana
course
eight
years
officials
obtained
search
warrant
lee
house
found
ecstasy
pills
three
valium
tablets
cash
loaded
rifle
lee
admitted
drugs
given
ecstasy
friends
grand
jury
indicted
lee
one
count
possessing
ecstasy
intent
distribute
violation
lee
retained
attorney
entered
plea
discussions
government
attorney
advised
lee
going
trial
risky
pleaded
guilty
receive
lighter
sentence
convicted
trial
app
lee
informed
attorney
noncitizen
status
repeatedly
asked
whether
face
deportation
result
criminal
proceedings
attorney
told
lee
deported
result
pleading
guilty
lee
based
assurance
lee
accepted
plea
district
sentenced
year
day
prison
though
deferred
commencement
lee
sentence
two
months
lee
manage
restaurants
holiday
season
lee
quickly
learned
however
prison
term
consequence
plea
lee
pleaded
guilty
qualifies
aggravated
felony
immigration
nationality
act
noncitizen
convicted
offense
subject
mandatory
deportation
see
iii
ins
upon
learning
deported
serving
sentence
lee
filed
motion
vacate
conviction
sentence
arguing
attorney
provided
constitutionally
ineffective
assistance
evidentiary
hearing
lee
motion
lee
counsel
testified
deportation
determinative
issue
lee
decision
whether
accept
plea
report
recommendation
wd
pp
report
recommendation
fact
lee
explained
attorney
became
pretty
upset
every
time
something
comes
always
ask
immigration
status
lawyer
always
said
worrying
something
need
worry
app
according
lee
lawyer
assured
deportation
plea
agreement
government
deport
ibid
lee
attorney
testified
thought
lee
case
bad
case
try
lee
defense
charge
weak
attorney
nonetheless
acknowledged
known
lee
deported
upon
pleading
guilty
advised
go
trial
based
hearing
testimony
magistrate
judge
recommended
lee
plea
set
aside
conviction
vacated
received
ineffective
assistance
counsel
district
however
denied
relief
applying
test
ineffective
assistance
claims
strickland
washington
district
concluded
lee
counsel
performed
deficiently
giving
improper
advice
deportation
consequences
plea
light
overwhelming
evidence
lee
guilt
lee
almost
certainly
found
guilty
received
significantly
longer
prison
sentence
subsequent
deportation
gone
trial
order
wd
order
lee
therefore
show
prejudiced
attorney
erroneous
advice
viewing
resolution
issue
debatable
among
jurists
reason
district
granted
certificate
appealability
appeals
sixth
circuit
affirmed
denial
relief
appeal
government
conceded
performance
lee
attorney
deficient
establish
prejudiced
deficient
performance
explained
lee
required
show
reasonable
probability
counsel
errors
pleaded
guilty
insisted
going
trial
quoting
hill
lockhart
internal
quotation
marks
omitted
lee
bona
fide
defense
even
weak
one
stood
gain
nothing
going
trial
prison
time
relying
circuit
precedent
holding
rational
defendant
charged
deportable
offense
facing
overwhelming
evidence
guilt
proceed
trial
rather
take
plea
deal
shorter
prison
sentence
appeals
concluded
lee
show
prejudice
internal
quotation
marks
omitted
granted
certiorari
ii
sixth
amendment
guarantees
defendant
effective
assistance
counsel
critical
stages
criminal
proceeding
including
enters
guilty
plea
lafler
cooper
hill
demonstrate
counsel
constitutionally
ineffective
defendant
must
show
counsel
representation
fell
objective
standard
reasonableness
prejudiced
result
strickland
first
requirement
issue
today
case
government
concedes
lee
counsel
provided
inadequate
representation
assured
lee
deported
pleaded
guilty
brief
question
whether
lee
show
prejudiced
erroneous
advice
claim
ineffective
assistance
counsel
often
involve
claim
attorney
error
course
legal
proceeding
example
counsel
failed
raise
objection
trial
present
argument
appeal
roe
defendant
raising
claim
demonstrate
prejudice
showing
reasonable
probability
counsel
unprofessional
errors
result
proceeding
different
quoting
strickland
internal
quotation
marks
omitted
case
counsel
deficient
performance
arguably
led
judicial
proceeding
disputed
reliability
rather
forfeiture
proceeding
defendant
alleges
counsel
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performance
led
accept
guilty
plea
rather
go
trial
ask
whether
gone
trial
result
trial
different
result
plea
bargain
ordinarily
apply
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presumption
reliability
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proceedings
accord
presumption
judicial
proceedings
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took
place
internal
quotation
marks
omitted
instead
consider
whether
defendant
prejudiced
denial
entire
judicial
proceeding
right
held
hill
lockhart
defendant
claims
counsel
deficient
performance
deprived
trial
causing
accept
plea
defendant
show
prejudice
demonstrating
reasonable
probability
counsel
errors
pleaded
guilty
insisted
going
trial
dissent
contends
defendant
must
also
show
better
going
trial
true
defendant
decision
going
trial
turns
prospects
success
affected
attorney
error
instance
defendant
alleges
lawyer
seek
suppress
improperly
obtained
confession
premo
moore
hill
discussing
failure
investigate
potentially
exculpatory
evidence
errors
however
sort
lee
knew
correctly
prospects
acquittal
trial
grim
attorney
error
nothing
error
instead
one
affected
lee
understanding
consequences
pleading
guilty
confronted
precisely
kind
error
hill
see
claimed
error
counsel
erroneous
advice
eligibility
parole
rather
asking
hypothetical
trial
played
absent
error
considered
whether
adequate
showing
defendant
properly
advised
opted
go
trial
rejected
defendant
claim
alleged
special
circumstances
might
support
conclusion
placed
particular
emphasis
parole
eligibility
deciding
whether
plead
guilty
lee
hand
argues
establish
prejudice
hill
never
accepted
guilty
plea
known
deported
result
lee
insists
gambled
trial
risking
jail
time
whatever
small
chance
might
acquittal
let
remain
government
responds
since
lee
viable
defense
trial
almost
certainly
lost
found
still
subject
deportation
lengthier
prison
sentence
boot
lee
government
contends
show
prejudice
accepting
plea
hope
trial
something
unexpected
unpredictable
might
occur
lead
acquittal
government
asks
like
appeals
adopt
per
se
rule
defendant
viable
defense
show
prejudice
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right
trial
brief
general
matter
makes
sense
defendant
realistic
defense
charge
supported
sufficient
evidence
unable
carry
burden
showing
prejudice
accepting
guilty
plea
elevating
general
proposition
per
se
rule
government
makes
two
errors
first
forgets
categorical
rules
ill
suited
inquiry
emphasized
demands
examination
totality
evidence
williams
taylor
internal
quotation
marks
omitted
strickland
fundamentally
government
overlooks
inquiry
prescribed
hill
lockhart
focuses
defendant
decisionmaking
may
turn
solely
likelihood
conviction
trial
defendant
without
viable
defense
highly
likely
lose
trial
defendant
facing
long
odds
rarely
able
show
prejudice
accepting
guilty
plea
offers
better
resolution
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trial
prejudice
inquiry
context
looks
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sake
instead
defendants
obviously
weigh
prospects
trial
deciding
whether
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plea
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hill
defendant
plausible
chance
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likely
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plea
government
offers
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sense
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trial
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plead
guilty
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see
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cyr
consequences
defendant
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chance
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trial
may
look
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defendant
realistic
defense
charge
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sentence
may
nevertheless
choose
trial
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plea
offer
years
lee
alleges
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deportation
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factor
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time
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plea
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time
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mary
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government
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strickland
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made
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proceedings
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definition
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defendant
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highly
improbable
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strickland
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bar
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task
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kentucky
strong
societal
interest
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force
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based
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pleas
timmreck
courts
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plea
solely
post
hoc
assertions
defendant
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attorney
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judges
instead
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defendant
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conclude
lee
adequately
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probability
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plea
known
lead
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deportation
question
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lee
decision
whether
accept
plea
deal
report
recommendation
see
also
order
noting
government
dispute
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lee
asked
attorney
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whether
risk
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proceedings
lee
attorney
testified
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lee
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trial
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consequences
see
report
recommendation
noting
undisputed
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result
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demonstrated
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colloquy
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warned
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result
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oes
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want
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guilty
lee
answered
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honor
app
judge
inquired
ow
affect
decision
lee
responded
understand
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attorney
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lee
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assured
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warning
lee
willing
proceed
plead
guilty
reason
doubt
paramount
importance
lee
placed
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deportation
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severe
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padilla
internal
quotation
marks
omitted
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client
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sentence
quoting
cyr
alteration
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quotation
marks
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see
also
padilla
eportation
integral
part
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sometimes
important
part
penalty
may
imposed
noncitizen
defendants
plead
guilty
specified
crimes
omitted
time
plea
lee
lived
nearly
three
decades
established
two
businesses
tennessee
family
member
care
elderly
parents
naturalized
american
citizens
contrast
strong
connections
indication
ties
south
korea
never
returned
since
leaving
child
government
argues
however
padilla
kentucky
defendant
must
convince
decision
reject
plea
bargain
rational
circumstances
government
contends
lee
make
showing
going
deported
either
way
going
trial
result
longer
sentence
inevitable
consequence
see
brief
agree
irrational
defendant
lee
position
reject
plea
offer
favor
trial
attorney
incompetence
lee
known
accepting
plea
agreement
certainly
lead
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trial
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certainly
deportation
determinative
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plea
discussions
lee
individual
strong
connections
country
lee
consequences
taking
chance
trial
markedly
harsher
pleading
case
almost
make
difference
balanced
holding
chance
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deportation
year
two
prison
time
see
everyone
lee
position
make
choice
reject
plea
say
irrational
lee
claim
accepted
plea
known
lead
deportation
backed
substantial
uncontroverted
evidence
accordingly
conclude
lee
demonstrated
reasonable
probability
counsel
errors
pleaded
guilty
insisted
going
trial
hill
judgment
appeals
sixth
circuit
reversed
case
remanded
proceedings
consistent
opinion
ordered
justice
gorsuch
took
part
consideration
decision
case
thomas
dissenting
jae
lee
petitioner
writ
certiorari
appeals
sixth
circuit
june
justice
thomas
justice
alito
joins
except
part
dissenting
today
holds
defendant
undo
guilty
plea
well
sentencing
face
overwhelming
evidence
guilt
chosen
pursue
defense
trial
reasonable
chance
success
attorney
properly
advised
immigration
consequences
plea
neither
sixth
amendment
precedents
support
conclusion
respectfully
dissent
initial
matter
remain
view
sixth
amendment
constitution
requir
counsel
provide
accurate
advice
concerning
potential
removal
consequences
guilty
plea
padilla
kentucky
scalia
joined
thomas
dissenting
therefore
affirm
appeals
ground
sixth
amendment
apply
allegedly
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assistance
case
ii
today
announces
novel
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prejudice
plea
stage
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ground
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precedents
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agree
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context
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strickland
washington
see
ante
brief
petitioner
brief
strickland
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may
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claim
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counsel
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fell
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reasonableness
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ving
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made
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