Immigrant facing deportation seeks overturned conviction
NEW YORK, (AP):
A Long Island immigrant who says his guilty plea made him a deportation candidate is seeking to have his conviction overturned.
Natanael Varenga, a Honduran native, pleaded guilty to second-degree assault in March 2009 in a 2008 altercation in East Farmingdale.
Newsday reports Varenga holds temporary protected status, which allows him to live legally in the US, but his plea made him vulnerable to deportation. Immigrants with lawful presence or permanent legal status can be removed if they're guilty of crimes.
His attorney said Varenga should be protected under a US Supreme Court ruling that says noncitizens should be afforded Sixth Amendment rights in being told they risk deportation before entering a guilty plea.
The case will be argued November 16 before the state Court of Appeals.