June 15, 2015

R. v. Ogiamien, 2015 ONSC 3733

Case Summary

The self-represented applicant, an inmate contesting his immigration detention via a habeas corpus application, brought a motion to quash his 2002 criminal conviction or vary his sentence to avoid collateral immigration consequences. He argued his guilty plea should be struck because he should not have been charged criminally until his refugee claim was adjudged, and that his counsel was ineffective for failing to advise the sentencing judge of the immigration consequences. The Superior Court of Justice dismissed the motion, holding that a court hearing a habeas corpus application does not sit as an appellate court and cannot be used to circumvent the ordinary appeal procedures established in the Criminal Code.

June 15, 2015

R. v. Ogiamien, 2015 ONSC 3733

Case Summary

The self-represented applicant, an inmate contesting his immigration detention via a habeas corpus application, brought a motion to quash his 2002 criminal conviction or vary his sentence to avoid collateral immigration consequences. He argued his guilty plea should be struck because he should not have been charged criminally until his refugee claim was adjudged, and that his counsel was ineffective for failing to advise the sentencing judge of the immigration consequences. The Superior Court of Justice dismissed the motion, holding that a court hearing a habeas corpus application does not sit as an appellate court and cannot be used to circumvent the ordinary appeal procedures established in the Criminal Code.