¶1dissenting:
¶2¶ 38 Although I concede this to be a close call, I respectfully dissent. I disagree that Mr. Rojas-Martinez was properly informed about what the legal consequences of a guilty plea were. The language “could lead to deportation” does not communicate the fact that the plea automatically resulted in deportation status as a matter of law. It creates the impression that deportation is only possible, not legally mandated. For that reason, I agree with the court of appeals that this case more closely resembles United States v. Couto, 311 F.3d 179 (2d Cir.2002), where the defendant was not informed that her plea rendered her automatically deportable. This defendant likewise became automatically de-portable as a result of his plea, and the suggestion that the plea “could lead to deportation” was therefore inaccurate.