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Appeals Court reviews denial of new probation hearing as lawyers dispute retroactivity of immigration-law guidance
Summary
Counsel for Farooq Sameja argued a superior-court denial of a motion for a new probation hearing should be reversed because defense counsel at sentencing could not have known altered immigration consequences; the Commonwealth urged deference to counsel’s conduct evaluated at the time it occurred.
The Appeals Court heard argument in Commonwealth v. Farooq Sameja about whether a conviction-related probation sanction and counsel’s actions at the time amounted to ineffective assistance when later changes in immigration law turned a brief custodial term into an aggravated-felony consequence.
Kathleen Hill, representing the defendant, told the panel that the district court initially would not allow her to file for the relief and that the record showed confusion at the trial level about whether a probationer…
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