AC38010 - Flomo v. Commissioner of Correction (Habeas; "On appeal, the petitioner claims that the habeas court
improperly rejected his claims that (1) he received ineffective assistance of
counsel due to his attorney’s failure to advise him properly of the immigration
consequences of his guilty plea in accordance with Padilla v. Kentucky, 559 U.S.
356, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010), and (2) his guilty plea was not
made knowingly, intelligently, and voluntarily because the trial court failed
to ensure that he fully understood the precise immigration consequences of his
plea. We conclude that the habeas court properly rejected the petitioner’s
ineffective assistance of counsel claim on the ground that he failed to
demonstrate prejudice, as required under the test articulated in Strickland v. Washington,
466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984). Additionally, the petitioner’s
second claim fails as a matter of law because immigration and naturalization
consequences of a plea, although often significant, are not of a constitutional
magnitude for purposes of evaluating whether a plea is knowing and voluntary.
See State v. Malcolm, 257 Conn. 653, 663 n.12, 778 A.2d 134 (2001).
Accordingly, we affirm the judgment of the habeas court.")