Pola v. United States

Pola, a Canadian citizen born in Iraq, was living in Louisville with his wife and children, all U.S. citizens, as a lawful permanent resident, when he was charged with intentionally possessing with the intent to distribute oxycodone, 21 U.S.C. 841(a)(1) and (b)(1)(C). Pola entered an Alford plea and was sentenced to 46 months’ incarceration. About two months after judgment was entered, Pola filed a notice of appeal pro se. The Sixth Circuit dismissed it as untimely, noting that he could move to vacate or correct his sentence under 28 U.S.C. 2255, based upon his allegation that counsel provided ineffective assistance by failing to file a notice of appeal upon his request. Pola did so. A magistrate ordered a ordered U.S. Marshals to transport Pola for an October 17, 2012 hearing, but Pola had been released on September 4, and transferred to ICE custody. On September 11, Pola, without counsel, declined a hearing and conceded removability. On September 19, ICE removed Pola. He could not attend the hearing. Pola and the government filed affidavits. The court denied Pola’s request for an evidentiary hearing and his motion, finding the attorney’s performance not deficient. The Sixth Circuit held that it had jurisdiction, that the court should have granted an evidentiary hearing to develop the ineffective-assistance claim, and vacated. View "Pola v. United States" on Justia Law