Oseguera v. State, 2014 UT 31, 332 P.3d 963 (July 29, 2014)
Jul 29, 2014
A legal immigrant to the U.S. faced deportation proceedings after pleading guilty to theft charges. He sought to avoid deportation by withdrawing his guilty plea through a petition under the Utah Post-Conviction Remedies Act (UPRA), or alternatively, through an extraordinary writ. The Utah Supreme Court denied the UPRA petition, founded on alleged ineffective assistance of counsel in making affirmative misstatements about the immigration consequences of the plea agreement because the man failed to preserve the argument for appeal by raising it in the district court. The court also affirmed denial of the extraordinary writ, holding that the Writ of Coram Nobis, used to correct fundamental errors in criminal proceedings, was not available because the UPRA provided an adequate remedy of which the petitioner had already availed himself.