NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1804-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. AMADU KOROMA, Defendant-Appellant. ________________________ Submitted February 16, 2022 – Decided March 31, 2022 Before Judges Hoffman, Whipple and Susswein. On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Accusation No. 14-06-0202. Joseph E. Krakora, Public Defender, attorney for appellant (Karen A. Lodeserto, Designated Counsel, on the brief). Esther Suarez, Hudson County Prosecutor, attorney for respondent (Stephanie Davis Elson, Assistant Prosecutor, on the brief). PER CURIAM Defendant Amadu Koroma appeals from a June 30, 2020 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. Because the record indicates defendant may not have understood questions regarding the effects of a plea on his immigration status and the record does not show the substance of prior counsel's advice as to the possible immigration consequences of accepting the guilty plea, and whether she pressured defendant to plead guilty, we remand for an evidentiary hearing. In 2003, defendant was granted asylum as a refugee from Sierra Leone. At sixteen years old, he saw his father killed by people who worked for the government and are still in power. In 2011, he became a lawful permanent resident. On June 20, 2014, defendant waived indictment and trial by jury for third- degree theft of a cell phone, N.J.S.A. 2C:20-3(a), and pled guilty under Hudson County Accusation No. 14-06-0202-A. On the plea form, defendant answered the questions as follows: 17. a. Are you a citizen of the United States? No. .... b. Do you understand that if you are not a citizen of the United States, this guilty plea may result in your removal from the United States and/or stop you from A-1804-20 2 being able to legally enter or re-enter the United States? Yes. c. Do you understand that you have the right to seek individualized advice from an attorney about the effect your guilty plea will have on your immigration status? Yes. d. Have you discussed with an attorney the potential immigration consequences of your plea? No. .... e. Would you like the opportunity to do so? No. f. Having been advised of the possible immigration consequences and of your right to seek individualized legal advice on your immigration consequences, do you still wish to plead guilty? Yes. At the plea hearing, defendant stated he understood the plea agreement and he had time to discuss the case with his attorney before deciding to plead guilty. With respect to his immigration status, the court engaged in the following colloquy with defendant: [The court]: Do you understand that by pleading guilty to this offense, you are subject to deportation? [Defendant]: Yes. [The court]: You …
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