... Before these issues could be remedied, however, respondents were detained by United States
Immigration and Customs Enforcement (ICE) officials [2] and deported to Guatemala. It is evident
from the record that petitioner, itself, reported respondents to ICE. ...
... Subsequently, the United States Supreme Court held that a criminal defense attorney must
"advise a noncitizen client that pending criminal charges may carry a risk of adverse
immigration consequences." Padilla v. Kentucky, 559 US ___, 130 S.Ct. ...
... The issue on appeal is whether Padilla v Kentucky, ___ US ___; 130 S Ct 1473;
176 L Ed 2d 284 (2010), applies retroactively to allow defendant to avoid the potential
immigration consequences of his plea-based conviction. ...