Saturday, September 25, 2021 7:49 pm

Arizona attorney general wants U.S. Supreme Court to deny new trial for deported alien

By Howard Fischer | Capitol Media Services via Arizona Daily Star

Attorney General Mark Brnovich wants the U.S. Supreme Court to deny a new trial to a man whose says bad legal advice he got in a criminal case resulted in his deportation.

Attorney Ray Ybarra Maldonado said he hopes to now get a new trial for Nuñez-Diaz, one where ICE would allow him back into the country so he could plead innocent to the charges.

In filings with the nation’s high court, Brnovich does not dispute the claim of Hector Sebastion Nuñez-Diaz would never have entered into a plea deal on a drug charge had his attorney informed him it would result in his automatic removal from this country.

But Brnovich wants the justices to rule all that is effectively irrelevant.

He said that Nuñez-Diaz was in the country illegally when he was stopped, found with methamphetamine and cocaine and eventually pleaded guilty to possession of drug paraphernalia. Brnovich also said the judge gave a warning when the plea deal was approved that he could be “removed” from the country.

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