The Wisconsin Supreme Court recently allowed a Mexican immigrant to withdraw his plea of guilty in a drug case. The judges failed to explain to the accused that her conviction can lead to deportation.

Fox News Latino reported that Melisa Valadez is a lawful permanent resident of the United States since 2001, although she is not an American citizen. Valadez was a native of Mexico and became a permanent resident of the US when she was 15 years old. She has three US-born children.

In 2004 and 2005, she pleaded guilty to the possession of cocaine, marijuana and drug-related materials. Although she spent time in prison and completed probation for the offenses, she did not have more convictions on her record. However, two Walworth County judges who received her guilty pleas did not mention that she may be deported back to Mexico for her violations.

The Journal Sentinel cited that when Valadez attempted to renew her permanent resident card in 2013, she was prevented from doing so due to her conviction record. She filed to withdraw her guilty pleas but the circuit court rejected her motion, considering that she was not involved in any pending deportation proceeding. However, the lower court did find that the law was unclear. Valadez appealed. The Court of Appeals forwarded her case to the Wisconsin Supreme Court.

On Jan. 28, 2016, the Wisconsin Supreme Court ruled, 4-2, that the circuit court never informed her that pleading guilty to the prior charges can result in her deportation as required by state law. Justice Shirley Abrahamson said in a lead opinion that Valadez did not need to present that the federal government was actively attempting to have her deported. Justice Annette Ziegler said that the trial court should reconsider the entire matter instead of vacating the convictions and allowing Valadez to withdraw her guilty pleas.

Journal Sentinel also wrote that Valadez’s lawyer, Marc Cristopher of Milwaukee, said that in all those years, she had no idea she could have been blocked at the border if she left the US and tried to re-enter. Cristopher said that he also has several other clients who face similar circumstances. These clients allegedly did not leave and are currently stuck in detention centers in Houston.

Her attorney added that the Supreme Court decision should serve as a clear order that courts must initially warn the accused about the possibility of being deported as a consequence of their pleas.

According to the Star Tribune, Anne Schwartz, a spokeswoman for the Department of Justice, said that they are currently reviewing the high court's decision.