Motion to Grant the Petition for Rodrigo Vasquez

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My name is Judith Six, and I am starting a petition in support of Rodrigo Vasquez-Lopez, commonly known as Dante Vasquez by friends and family. Rodrigo was born in Lima, Peru and came to the United States in 2003 (3rd grade) with his family. He is now 21 years old and has since graduated high school and worked in Stafford County for years as a delivery driver for both Domino's Pizza and Jin's Garden Chinese restaurant, and previously at Papa Johns and Princeton Data Source. Since his graduation from North Stafford High School in 2013, Rodrigo had obtained his approval for DACA, which is "deferred action for childhood arrivals" basically what you would call temporary "papers" for a young adult who came to the States as a child by no choice of their own. Rodrigo was caught with marijuana in January 2014, and hired a defense attorney to represent him in court. The attorney was able to get him 2 plea bargains. The first was a guilty plead to possession of marijuana, with an active jail sentence of 30 days. The second plea bargain, the one which Rodrigo accepted, was a misdemeanor distribution of marijuana offense, punishable by 6 months of suspended license. His attorney advised him to take the distribution plead to avoid going to jail for 30 days and losing both of his jobs. What she didn't do, is tell him that pleading guilty to a distribution charge for any drug, would result in further consequences with Immigration. A past Supreme Court case "Padilla V. Kentucky" ruled that it is, by law, an obligation for any defense attorney to inquire (to ASK, to SEEK INFORMATION) about a client's status in the United States. Now, because of her ineffective assistance with Rodrigo, he has been in an immigration detention center, awaiting possible deportation to a country he hasn't been raised in, forced away from his family, friends and wife. The plea deal he took was so detrimental to his immigration status, it has eliminated any form of relief from deportation, as immigration law deems it as an "aggravated felony". In fact, the ONLY drug crime that immigration would allow someone to "get away with" would be possession of marijuana, something Rodrigo was given the option to plead to (see above plea deals), something that would have prevented immigration from detaining him for 8 months and going on indefinitely. Something that he would've pled guilty to, served his 30 days in jail, and been done with had his defense attorney asked a simple question like the law requires her to do so. "Where were you born?" Upon conversation with this attorney, she has said "He never told me!!" And assumed his citizenship based on him telling her about applying for community college at NOVA and considering joining the National Guard (both of which you are able to do as a non-citizen). She did not take that fact into consideration, nor the fact that, as a lot of non-citizens, he has two last names such as "Vasquez-Lopez". She based her assumption of of his ability to walk, talk, and act like any American should, but that was negligent on her part, and now it is ruining Rodrigo's life.She has admitted that, and has even agreed to help him, and to be on his side. I have hired a new attorney to try and overturn his conviction, with a "Writ of Habeas Corpus", a petition to Stafford County Circuit Court that will result in a trial in which a judge will decide if Rodrigo deserves to have his distribution conviction lessened to possession or dismissed in order to save him from deportation back to Peru. This writ of habeas corpus could be granted without going to trial, all based on a decision by an attorney named John Johnson. And if Mr. Johnson grants this petition, Rodrigo could come home instantaneously, instead of waiting for his trial on January 25. I would really appreciate signatures from any and everyone who agree that Mr. Johnson should grant this petition before the trial date..I think he deserves a chance to spend the holidays with his wife and family,especially his grandmother who is in town until the end of December, because if he doesn't see her now, he most likely won't ever again as she's extremely sick. Thank you so much for reading and I look forward to a lot of support! If anyone has any questions, contact me directly by email: -Judith Six

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