Posted by Bronson James on 9/23/08

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I'm a criminal appellate lawyer in Oregon, and in need of
some sage immigration lawyer advice. I have a client in the
following situation:

Client has two separate cases, A & B. On case A a serious
narcotic crime, he pleads guilty. On the same day as the
plea in case A, the state loses a motion in limine in case
B, a sex crime. Under Oregon law, all criminal convictions
can be appealed, so case A is appealed, even though a
guilty plea. At the same time, the state files an
interlocutory appeal in case B.

While both appeals are just getting started in the system,
as a result of the plea client is is turned over to ICE and
voluntarily agrees to deportation to Mexico. Once deported,
the state moves to dismiss client's appeal under the
grounds that he "absconded the jurisdiction." But, they
continue their appeal.

I am looking for any authority that when a state acquiesces
to the deportation of an individual, i.e., they do not seek
a stay of deportation, nor do they seek to extradite the
person back, they cannot proceed with a state's appeal on a
criminal prosecution in that client's absence.

Any thoughts?

Criminal appeals after deportation, 9/23/08, by Bronson James.

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