Case 1:18-cr-00218-TSC Document 67 Filed 12/13/18 Page 9 of 12
entitle your client to withdraw your client’s plea of guilty or relieve your client of the obligations under this Agreement.
12. Immigration Issues
Your client recognizes that because your client is not a citizen of the United States, your client’s guilty plea and conviction make it very likely that your client’s deportation from the United States is presumptively mandatory and that, at a minimum, your client is at risk of being deported or suffering other adverse immigration consequences. Your client acknowledges discussing the possible immigration consequences (including deportation) of this guilty plea and conviction with you. Your client affirms that your client wants to plead guilty regardless of any immigration consequences that may result from the guilty plea and conviction, even if those consequences include deportation from the United States. It is agreed that your client will have no right to withdraw this guilty plea based on any actual or perceived adverse immigration consequences (including deportation) resulting from the guilty plea and conviction. It is further agreed that your client will not challenge your client’s conviction or sentence on direct appeal, or through litigation under 28 U.S.C §§ 2255 and/or 2241, on the basis of any actual or perceived adverse immigration consequences (including deportation) resulting from your client’s guilty plea and conviction.
13. Interpreter
Your client agrees that if an interpreter is required to assist your client in translating this Agreement into your client’s native language, then your client agrees to request the Court, pursuant to “The Court Interpreter’s Act,” 28 U.S.C. § 1827, to secure the services of a certified interpreter at the Court’s expense to verbally translate this Agreement and related documents for your client into your client’s native language. If no such request is made, then your client hereby declares that your client understands the English language sufficiently well to read and understand this Agreement, or that this Agreement has been read to your client in your client’s native language and that your client therefore understands this Agreement.
14. Breach of Agreement
Your client understands and agrees that, if after entering this Agreement, your client fails specifically to perform or to fulfill completely each and every one of your client’s obligations under this Agreement, or engages in any criminal activity prior to sentencing, your client will have breached this Agreement. In the event of such a breach: (a) the Government will be free from its obligations under this Agreement; (b) your client will not have the right to withdraw the guilty plea; (c) your client will be fully subject to criminal prosecution for any other crimes, including perjury and obstruction of justice; (d) no motion pursuant to Section 5K1.1 of the Sentencing Guidelines or 18 U.S.C. § 3553(c) will be filed or sought; and (e) the Government will be free to use against your client, directly and indirectly, in any criminal or civil proceeding, all statements made by your client and any of the information or materials provided by your client, including such statements, information and materials provided pursuant to this Agreement or during the course of any debriefings conducted in anticipation of, or after entry of, this Agreement, whether or not the debriefings were previously characterized as “off-the-record”
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