Jae Lee v. United States

[1] While he found some success as a restaurateur, even opening a second restaurant nearby, Lee ultimately turned to illicit substances for further capital gains, which was known since 1999.

During the search of his home, the authorities found 88 ecstasy pills, 3 Valium tablets, $32,432 in cash, and a Norinco, Model 90, 7.62 caliber rifle.

Finally, on January 28, 2009, a federal grand jury returned a single-count indictment against Lee for possession of ecstasy with an intent to distribute.

On June 17, 2009, Lee presented himself before U.S. District Court Judge Bernice B. Donald and, in accordance with a plea bargain, pleaded guilty to the sole count.

Lee, under advisement from his lawyer, fully believed this conviction wouldn't affect his current immigration status, that being a permanent resident.

On September 24, 2010, Lee filed a § 2255 (vacate, set aside, or correct a sentence) motion, which was eventually referred to U.S. Magistrate Judge Diane Vescovo on January 5, 2012.

It is unclear to us why it is in our national interests—much less the interests of justice—to exile a productive member of our society to a country he hasn’t lived in since childhood for committing a relatively small-time drug offense.

"[4]Lee then further appealed to the Supreme Court, which granted certiorari on December 14, 2016, held arguments on March 28, 2017, and handed down its decision on June 23, 2017.

Premo v. Moore, 562 U. S. 115, 118 (2011)" The majority realizes and admits the fact the case was interesting in its "he said, she said" type demeanor, saying,"Lee, on the other hand, argues he can establish prejudice under Hill because he never would have accepted a guilty plea had he known that he would be deported as a result.

Lee, the Government contends, cannot show prejudice from accepting a plea where his only hope at trial was that something unexpected and unpredictable might occur that would lead to an acquittal."

Chief Justice John Roberts authored the majority opinion.