Attorney Found Not to Be Ineffective When Client Misrepresented His Citizenship
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State v. Juan C. Hernandez-Peralta (A-41-23) (089274) Argued November 18, 2024 -- Decided July 22, 2025.
The New Jersey Supreme Court recently decided that an attorney was not ineffective in representing her client based upon their misrepresentations. The defendant was being subject to a court colloquy, and when questioned regarding his immigration status indicated that he was in fact a United States Citizen. When asked where he was born, he replied that he was born in the State of New York. He in fact was born in the Country of Mexico, and in the United States illegally. On appeal, the defendant claimed that the attorney was ineffective due to the fact that she did not investigate his origin of birth.
The New Jersey Supreme Court found that the attorney was not in effective for failing to investigate the immigration status of their client when they made affirmative representations stating he was a United States Citizen.
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