Court denies immigrant's appeal

SPOKANE — The Washington Court of Appeals, Division 3, denied the appeal of a Mexican immigrant who sought to vacate a guilty plea on the grounds of receiving misadvice from his attorney.

Miguel Barajas-Verduzco, of Beverly, entered the United States in 1998 and about five years later found himself in trouble and entered guilty pleas to charges of possession of cocaine with intent to deliver, possession of marijuana with intent to deliver, first-degree possession of stolen property and alien in possession of a firearm.

Barajas-Verduzco claims before entering the pleas in 2003 he asked his attorney, Theodore Mahr, if he should fight the charges, so he could remain in the United States. Barajas-Verduzco contends Mahr warned him he would be deported after his release from prison, but if he were to return to Washington from Mexico, Mahr could “help” him with his immigration case.

“Barajas-Verduzco deemed himself fortunate to garner an attorney with both criminal and immigration law expertise. According to his 2012 affidavit, Miguel Barajas-Verduzco trusted the recommendations of Theodore Mahr. If he knew that a guilty plea would cause his banishment from the United States for life, he would not have pled guilty,” reads the decision.

After he served his sentence, Barajas-Verduzco was deported back to Mexico, but later entered the U.S. illegally. Barajas-Verduzco’s 2012 affidavit states he contacted Mahr when he reentered the country and Mahr recommended he delay seeking permission to remain in the U.S., because Mahr beleived the U.S. would in the future be granting amnesty to illegal immigrants.

Barajas-Verduzco says Mahr told him if he paid him $1,500 he would research to find out if he could become a legal resident. Barajas-Verduzco was later caught by Immigrations and Customs Enforcement. Barajas-Verduzco petitioned the appellate court to withdraw his guilty pleas, on the basis of ineffective legal advice from Mahr.

The decision states Mahr told Barajas-Verduzco he would be deported after the guilty plea, but should return to the U.S., at which time Mahr would help him sort out immigration issues.

“We recognize that Mahr did not expressly promise that his assistance would keep Barajas-Verduzco in the United States, but Mahr’s comments implied that his services could succeed. Thus, under Barajas-Verduzco’s testimony, Mahr supplied erroneous legal guidance,” reads the decision.

The judges conceded Mahr did give his client bad advice to reenter the country illegally, which is a felony if the person was previously deported. The decision states Barajas-Verduzco’s hands are not clean in the matter and he is not without fault.

“Miguel Barajas-Verduzco now seeks to vacate a guilty plea by claiming he received misadvice when the advice endorsed illegal behavior. Barajas-Verduzco seeks to benefit from his criminal misconduct,” reads the decision. “Barajas-Verduzco tells this court that, because he followed his attorney’s recommendation and committed a crime and because things did not turn out as hoped or planned, he should receive relief.”

“Therefore we harness the unclean hands doctrine and deny Barajas-Verduzco relief.”

Mahr, who could not be reached for comment on this story, was disbarred in 2010 for failure to act with due diligence, failure to appear at hearings and forging a client’s signature, among other misconduct, according to the Washington State Bar Association. He currently works as a radio psychic in the Seattle area, according to his Twitter page.

Richard Byrd can be reached via email at city@columbiabasinherald.com.