chaidez
argued
november
decided
february
immigration
officials
initiated
removal
proceedings
petitioner
chaidez
upon
learning
pleaded
guilty
mail
fraud
avoid
removal
sought
overturn
conviction
filing
petition
writ
coram
nobis
contending
former
attorney
failure
advise
guilty
plea
immigration
consequences
constituted
ineffective
assistance
counsel
sixth
amendment
petition
pending
held
padilla
kentucky
sixth
amendment
requires
defense
attorneys
inform
clients
deportation
risks
guilty
pleas
district
vacated
chaidez
conviction
determining
padilla
announce
new
rule
teague
lane
thus
applied
chaidez
case
seventh
circuit
reversed
holding
padilla
declared
new
rule
apply
challenge
final
conviction
held
padilla
apply
retroactively
cases
already
final
direct
review
pp
teague
person
whose
conviction
already
final
may
benefit
new
rule
criminal
procedure
collateral
review
case
announces
new
rule
result
dictated
precedent
existing
time
defendant
conviction
became
final
teague
holding
dictated
unless
apparent
reasonable
jurists
lambrix
singletary
time
case
announce
new
rule
merely
application
principle
governed
prior
decision
different
set
facts
teague
thus
applications
test
strickland
washington
assessing
ineffective
assistance
claims
produce
new
rules
padilla
apply
strickland
general
standard
yet
another
factual
situation
deciding
failing
inform
client
risk
deportation
fell
strickland
objective
standard
reasonableness
padilla
first
considered
threshold
question
whether
advice
deportation
categorically
removed
scope
sixth
amendment
right
counsel
involved
collateral
consequence
conviction
rather
component
criminal
sentence
prior
asking
strickland
test
applied
padilla
asked
whether
test
applied
preliminary
question
came
unsettled
hill
lockhart
explicitly
left
open
whether
sixth
amendment
right
extends
collateral
consequences
left
issue
state
lower
federal
courts
almost
unanimously
concluded
sixth
amendment
require
attorneys
inform
clients
conviction
collateral
consequences
including
deportation
padilla
contrary
ruling
thus
answered
open
question
sixth
amendment
reach
way
altered
law
jurisdictions
padilla
broke
new
ground
imposed
new
obligation
pp
chaidez
argues
padilla
apply
strickland
new
set
facts
ignores
padilla
develop
new
law
determine
strickland
applied
lower
decisions
cites
held
lawyer
may
affirmatively
misrepresent
expertise
otherwise
actively
mislead
client
important
matter
rulings
apply
case
show
reasonable
judges
thought
lawyers
advise
clients
deportation
risks
neither
ins
cyr
relevance
saying
reasonably
competent
lawyer
tell
client
guilty
plea
deportation
consequences
cyr
determine
sixth
amendment
requires
lawyer
provide
information
took
padilla
decide
question
pp
affirmed
kagan
delivered
opinion
roberts
scalia
kennedy
breyer
alito
joined
thomas
filed
opinion
concurring
judgment
sotomayor
filed
dissenting
opinion
ginsburg
joined
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
roselva
chaidez
petitioner
writ
certiorari
appeals
seventh
circuit
february
justice
kagan
delivered
opinion
padilla
kentucky
held
sixth
amendment
requires
attorney
criminal
defendant
provide
advice
risk
deportation
arising
guilty
plea
consider
whether
ruling
applies
retroactively
person
whose
conviction
became
final
decided
padilla
benefit
conclude
set
teague
lane
padilla
retroactive
effect
petitioner
roselva
chaidez
hails
mexico
became
lawful
permanent
resident
years
later
helped
defraud
automobile
insurance
company
federal
agents
uncovered
scheme
chaidez
pleaded
guilty
two
counts
mail
fraud
violation
district
sentenced
four
years
probation
ordered
pay
restitution
chaidez
conviction
became
final
federal
immigration
law
offenses
chaidez
pleaded
guilty
aggravated
felonies
subjecting
mandatory
removal
country
see
iii
according
chaidez
attorney
never
advised
fact
time
plea
remained
ignorant
immigration
officials
initiated
removal
proceedings
chaidez
application
made
citizenship
alerted
prior
conviction
avoid
removal
chaidez
sought
overturn
conviction
filing
petition
writ
coram
nobis
federal
district
argued
former
attorney
failure
advise
immigration
consequences
pleading
guilty
constituted
ineffective
assistance
counsel
sixth
amendment
chaidez
petition
pending
decided
padilla
ruling
vindicated
chaidez
view
sixth
amendment
held
criminal
defense
attorneys
must
inform
clients
risks
deportation
arising
guilty
pleas
see
slip
government
argued
chaidez
benefit
padilla
announced
new
rule
teague
rules
apply
collateral
challenges
convictions
district
determined
padilla
announce
new
rule
teague
purposes
therefore
apply
chaidez
case
supp
nd
found
chaidez
counsel
performed
deficiently
padilla
chaidez
suffered
prejudice
result
accordingly
vacated
chaidez
conviction
see
cr
wl
nd
appeals
seventh
circuit
reversed
holding
padilla
declared
new
rule
apply
challenge
final
conviction
padilla
seventh
circuit
reasoned
never
held
sixth
amendment
requires
criminal
defense
attorney
provide
advice
matters
directly
related
client
criminal
prosecution
including
risks
state
lower
federal
courts
uniformly
concluded
attorney
need
give
advice
concerning
collateral
opposed
direct
consequenc
guilty
plea
according
seventh
circuit
padilla
holding
new
ran
counter
widely
accepted
distinction
direct
collateral
consequences
judge
williams
dissented
agreeing
third
circuit
view
argued
padilla
broke
new
ground
merely
applied
established
law
lawyer
duty
consult
client
quoting
orocio
internal
quotation
marks
omitted
granted
certiorari
resolve
split
among
federal
state
courts
whether
padilla
applies
holding
affirm
seventh
circuit
ii
teague
makes
retroactivity
criminal
procedure
decisions
turn
whether
novel
announce
new
rule
person
whose
conviction
already
final
may
benefit
decision
habeas
similar
apply
settled
rule
may
person
avail
decision
collateral
review
chaidez
filed
coram
nobis
petition
five
years
guilty
plea
became
final
challenge
therefore
fails
padilla
declared
new
rule
case
announces
new
rule
teague
explained
breaks
new
ground
imposes
new
obligation
government
put
continued
case
announces
new
rule
result
dictated
precedent
existing
time
defendant
conviction
became
final
ibid
holding
dictated
later
stated
unless
apparent
reasonable
jurists
lambrix
singletary
account
flipside
teague
also
made
clear
case
announce
new
rule
merely
application
principle
prior
decision
different
set
facts
quoting
yates
aiken
justice
kennedy
explained
beginning
point
analysis
rule
general
application
rule
designed
specific
purpose
evaluating
myriad
factual
contexts
infrequent
case
yields
result
novel
forges
new
rule
one
dictated
precedent
wright
west
concurring
judgment
see
also
williams
taylor
otherwise
said
apply
general
standard
kind
factual
circumstances
meant
address
rarely
state
new
rule
teague
purposes
applications
test
strickland
washington
assessing
claims
ineffective
assistance
counsel
produce
new
rules
strickland
held
legal
representation
violates
sixth
amendment
falls
objective
standard
reasonableness
indicated
prevailing
professional
norms
defendant
suffers
prejudice
result
standard
later
concluded
provides
sufficient
guidance
resolving
virtually
claims
ineffective
assistance
even
though
particular
circumstances
differ
williams
granted
relief
strickland
diverse
contexts
without
ever
suggesting
required
new
rule
see
ibid
rompilla
beard
wiggins
smith
like
manner
padilla
created
new
rule
applied
strickland
general
standard
yet
another
factual
situation
padilla
merely
made
clear
lawyer
neglects
inform
client
risk
deportation
professionally
incompetent
padilla
something
deciding
failing
provide
advice
fell
objective
reasonableness
padilla
considered
threshold
question
advice
deportation
categorically
removed
scope
sixth
amendment
right
counsel
involved
collateral
consequence
conviction
rather
component
criminal
sentence
slip
words
prior
asking
strickland
test
applied
attorney
act
unreasonably
padilla
asked
whether
strickland
test
applied
even
evaluate
attorney
acted
unreasonably
describe
preliminary
question
strickland
ambit
came
padilla
unsettled
answer
yes
strickland
governs
required
new
rule
relevant
background
begins
decision
hill
lockhart
explicitly
left
open
whether
advice
concerning
collateral
consequence
must
satisfy
sixth
amendment
requirements
hill
pleaded
guilty
murder
attorney
misinformed
parole
eligibility
addressing
claim
ineffective
assistance
first
held
strickland
standard
extends
generally
plea
process
see
hill
determined
however
hill
failed
allege
prejudice
lawyer
error
prevail
standard
see
conclusion
allowed
us
avoid
another
categorical
question
whether
advice
parole
however
inadequate
prejudicial
possibly
violate
sixth
amendment
appeals
noted
held
parole
eligibility
collateral
rather
direct
consequence
guilty
plea
defendant
need
informed
ruling
prejudice
made
unnecessary
determine
whether
may
circumstances
advice
matter
deemed
collateral
violates
sixth
amendment
left
state
lower
federal
courts
deal
issue
almost
unanimously
concluded
sixth
amendment
require
attorneys
inform
clients
conviction
collateral
consequences
including
deportation
federal
appellate
courts
consider
question
decided
words
one
counsel
failure
inform
defendant
collateral
consequences
guilty
plea
never
violation
sixth
amendment
constitutional
guarantee
another
typical
decision
expounded
assures
accused
effective
assistance
counsel
accordingly
advice
matters
like
deportation
part
enmeshed
criminal
proceeding
fall
within
amendment
scope
george
appellate
courts
almost
contrast
two
state
courts
held
attorney
violate
sixth
amendment
failing
inform
client
deportation
risks
collateral
consequences
guilty
imbalance
led
authors
principal
scholarly
article
subject
call
exclusion
advice
collateral
consequences
sixth
amendment
scope
one
widely
recognized
rules
american
law
chin
holmes
effective
assistance
counsel
consequences
guilty
pleas
cornell
rev
decided
padilla
answered
question
sixth
amendment
reach
left
open
way
altered
law
jurisdictions
reasoning
reflected
much
normal
strickland
case
begins
evaluating
reasonableness
attorney
conduct
light
professional
norms
assesses
prejudice
earlier
indicated
see
supra
padilla
different
starting
point
asking
whether
performance
padilla
attorney
deficient
strickland
considered
separately
numbered
part
opinion
whether
strickland
applied
see
slip
many
courts
acknowledged
excluded
advice
collateral
matters
sixth
amendment
ambit
deportation
consequence
distinct
civil
proceeding
well
viewed
matter
see
slip
continued
decision
committed
us
appl
distinction
direct
collateral
consequences
define
scope
right
counsel
slip
however
apt
distinction
might
contexts
exempt
sixth
amendment
scrutiny
lawyer
advice
plea
deportation
risk
deportation
stated
unique
ibid
particularly
severe
penalty
one
intimately
related
criminal
process
indeed
immigration
statutes
make
nearly
automatic
result
convictions
ibid
thus
resolved
threshold
question
us
breaching
previously
wall
direct
collateral
consequences
notwithstanding
view
strickland
applies
padilla
claim
slip
count
break
ing
new
ground
impos
ing
new
obligation
hard
pressed
know
teague
padilla
declined
decide
whether
sixth
amendment
relevance
lawyer
advice
matters
part
criminal
proceeding
perhaps
advice
kind
meet
strickland
reasonableness
standard
perhaps
precedent
dictated
answer
teague
lower
courts
filled
vacuum
almost
uniformly
insisted
padilla
called
categorica
remov
al
advice
conviction
consequences
including
deportation
sixth
amendment
scope
slip
padilla
first
rejected
categorical
approach
made
strickland
test
operative
criminal
lawyer
gives
fails
give
advice
immigration
acknowledging
fact
cast
doubt
denigrate
padilla
courts
often
need
break
new
ground
premise
teague
decision
right
also
novel
say
padilla
holding
failure
advise
consequence
violate
sixth
amendment
fact
apparent
reasonable
jurists
prior
decision
lambrix
padilla
thus
announced
new
rule
iii
chaidez
offers
dissent
largely
adopts
different
account
padilla
apply
strickland
new
set
facts
chaidez
view
strickland
insisted
rom
inception
aspects
criminal
lawyer
performance
pass
test
prevailing
professional
decision
thus
foreclosed
categorical
distinction
direct
collateral
consequences
brief
petitioner
emphasis
deleted
quoting
strickland
indeed
chaidez
contends
courts
prior
padilla
recognized
strickland
scope
applied
reasonableness
standard
advice
concerning
deportation
see
brief
petitioner
reply
brief
points
caselaw
three
federal
appeals
courts
allowing
ineffective
assistance
claims
attorneys
affirmatively
misled
clients
deportation
consequences
guilty
question
left
padilla
resolve
chaidez
claims
whether
professional
norms
also
require
criminal
lawyers
volunteer
advice
risk
deportation
addressing
issue
continues
padilla
strickland
analysis
especially
easy
strickland
analysis
earlier
noted
ins
cyr
case
raising
issue
immigration
law
unrelated
sixth
amendment
competent
defense
counsel
inform
client
guilty
plea
deportation
consequences
padilla
chaidez
concludes
recite
prior
finding
chaidez
dissent
story
line
wrong
reasons
mostly
already
noted
padilla
develop
new
law
establishing
sixth
amendment
applied
assess
performance
padilla
lawyer
strickland
see
supra
first
order
business
thus
consider
whether
widely
accepted
distinction
direct
collateral
consequences
categorically
foreclosed
padilla
claim
whatever
level
attorney
performance
think
chaidez
argues
strickland
barred
resort
distinction
far
even
padilla
eschew
divide
across
board
see
slip
whether
distinction
generally
appropriate
question
need
consider
case
rather
relied
special
nature
deportation
severity
penalty
automatic
way
follows
conviction
show
collateral
versus
direct
distinction
dispose
padilla
claim
slip
reasoning
came
conducted
strickland
analysis
examining
professional
norms
forth
none
followed
ineluctably
prior
predictably
caselaw
chaidez
dissent
cite
fails
support
claim
lower
courts
accepted
strickland
applied
deportation
advice
brief
petitioner
see
post
true
enough
three
federal
circuits
handful
state
courts
held
misstatements
deportation
support
ineffective
assistance
claim
decisions
reasoned
lawyer
may
affirmatively
misrepresent
expertise
otherwise
actively
mislead
client
important
matter
however
related
criminal
prosecution
see
kwan
happily
precedent
jurisdictions
almost
others
holding
deportation
unique
warrant
exception
general
rule
defendant
need
advised
collateral
consequences
guilty
plea
campbell
chaidez
shown
minority
courts
recognized
separate
rule
material
misrepresentations
regardless
whether
concerned
deportation
another
collateral
matter
limited
rule
apply
chaidez
case
lived
harmony
exclusion
claims
like
sixth
amendment
establish
needs
reasonable
judges
prior
padilla
thought
living
world
finally
cyr
relevance
decision
stated
common
sense
recognized
padilla
reasonably
competent
lawyer
tell
client
guilty
plea
deportation
consequences
reserving
client
right
remain
may
important
client
potential
jail
sentence
padilla
slip
quoting
cyr
saying
much
cyr
determine
sixth
amendment
requires
lawyer
provide
information
courts
held
contrary
advice
deportation
insignificant
client
really
think
whether
st
cyr
concerned
matter
collateral
criminal
courts
view
sixth
amendment
demanded
competent
advice
plea
deportation
consequences
demanded
competent
representation
deportation
process
padilla
decided
view
wrong
repeat
padilla
years
following
cyr
single
state
lower
federal
considering
lawyer
failure
provide
deportation
advice
abandoned
distinction
direct
collateral
consequences
several
courts
reaffirmed
divide
see
broomes
ashcroft
fry
took
padilla
decide
assessing
lawyer
performance
sixth
amendment
sets
iv
announced
new
rule
padilla
teague
defendants
whose
convictions
became
final
prior
padilla
therefore
benefit
holding
accordingly
affirm
judgment
appeals
seventh
circuit
ordered
thomas
concurring
judgment
roselva
chaidez
petitioner
writ
certiorari
appeals
seventh
circuit
february
justice
thomas
concurring
judgment
padilla
kentucky
held
sixth
amendment
requires
attorney
criminal
defendant
apprise
client
risk
deportation
created
guilty
plea
dissented
sixth
amendment
provides
criminal
prosecutions
accused
enjoys
right
assistance
counsel
defence
terms
right
extends
legal
advice
directly
related
defense
prosecution
charged
offense
basis
text
principle
expand
reach
guarantee
guidance
concerning
collateral
consequences
guilty
plea
slip
scalia
dissenting
today
finds
padilla
announced
new
rule
constitutional
law
decision
teague
lane
defendants
whose
convictions
became
final
prior
padilla
therefore
benefit
holding
ante
continue
believe
padilla
wrongly
decided
sixth
amendment
extend
either
prospectively
retrospectively
advice
concerning
collateral
consequences
arising
guilty
plea
therefore
believe
teague
analysis
unnecessary
thus
concur
judgment
sotomayor
dissenting
roselva
chaidez
petitioner
writ
certiorari
appeals
seventh
circuit
february
justice
sotomayor
justice
ginsburg
joins
dissenting
holds
today
padilla
kentucky
announced
new
rule
within
meaning
teague
lane
apply
convictions
became
final
announcement
wrong
padilla
nothing
apply
existing
rule
strickland
washington
new
setting
way
done
repeatedly
past
surveying
relevant
professional
norms
concluding
unequivocally
required
attorneys
provide
advice
immigration
consequences
guilty
plea
padilla
fell
squarely
within
metes
bounds
established
strickland
respectfully
dissent
majority
correctly
sets
forth
governing
legal
principles
teague
strickland
ante
teague
inquiry
turns
centrally
nature
rule
question
reason
beginning
point
rule
general
application
infrequent
case
yields
result
novel
forges
new
rule
wright
west
kennedy
concurring
judgment
see
ante
majority
makes
important
observation
apply
general
standard
kind
factual
circumstances
meant
address
rarely
state
new
rule
ibid
makes
sense
applications
strickland
produce
new
rules
ante
strickland
provide
comprehensive
definition
deficient
performance
instead
held
proper
measure
attorney
performance
remains
simply
reasonableness
prevailing
professional
norms
strickland
reasonableness
prong
therefore
takes
content
standards
lawyers
judge
professional
obligations
standards
subject
change
despite
many
different
settings
applied
never
found
application
strickland
resulted
new
significantly
previously
found
applications
strickland
new
factual
scenarios
barred
antiterrorism
effective
death
penalty
act
aedpa
section
precludes
habeas
relief
unless
state
decision
violates
clearly
established
federal
law
relevant
largely
overlaps
inquiry
teague
whether
decision
dictated
precedent
plurality
opinion
wiggins
smith
example
found
williams
taylor
made
new
law
held
strickland
extended
attorney
responsibility
conduct
background
investigation
capital
case
rather
explained
referring
aba
standards
criminal
justice
guides
williams
applied
established
precedent
strickland
apply
today
similarly
lafler
cooper
slip
rejected
argument
advanced
solicitor
general
sixth
amendment
extend
advice
plea
offer
impact
fairness
trial
instead
simply
held
strickland
applied
form
attorney
misconduct
short
merely
apply
strickland
way
corresponds
evolution
professional
norms
make
new
law
contrary
majority
reconstruction
padilla
built
squarely
foundation
laid
strickland
padilla
relied
upon
controlling
precedent
began
reciting
basic
rule
nder
strickland
first
determine
whether
counsel
representation
objective
standard
reasonableness
padilla
slip
quoting
strickland
recognized
first
prong
constitutional
deficiency
necessarily
linked
practice
expectations
legal
community
proper
measure
attorney
performance
remains
reasonableness
prevailing
professional
norms
padilla
slip
quoting
strickland
therefore
examined
substantial
changes
federal
immigration
law
provided
backdrop
relevant
professional
standards
padilla
slip
pursuant
immigration
act
stat
judge
recommend
defendant
committed
deportable
offense
removed
country
congress
entirely
eliminated
procedure
stat
illegal
immigration
reform
immigrant
responsibility
act
iirira
stat
abolished
attorney
general
authority
grant
discretionary
relief
removal
small
number
offenses
padilla
slip
changes
immigration
law
meant
noncitizen
committed
removable
offense
removal
become
practically
inevitable
ibid
parallel
developments
standards
professional
responsibility
relating
immigration
become
demanding
least
past
years
observed
padilla
professional
norms
generally
imposed
obligation
counsel
provide
advice
deportation
consequences
client
plea
slip
citing
array
practice
guides
professional
responsibility
manuals
noted
weight
prevailing
professional
norms
supports
view
counsel
must
advise
client
regarding
risk
deportation
slip
indeed
authorities
every
stripe
including
american
bar
association
criminal
defense
public
defender
organizations
authoritative
treatises
state
city
bar
publications
universally
require
defense
attorneys
advise
risk
deportation
consequences
clients
slip
internal
quotation
marks
omitted
drew
support
conclusion
professional
standards
required
advice
deportation
consequences
decision
ins
cyr
see
padilla
slip
citing
cyr
cyr
explained
availability
discretionary
relief
removal
critical
noncitizen
decision
accept
plea
offer
expected
counsel
follow
instructions
numerous
practice
guides
aba
standards
criminal
justice
inform
possible
immigration
consequences
plea
padilla
slip
citing
cyr
see
found
many
already
required
trial
judge
advise
defendants
ibid
cyr
thus
recognized
client
right
remain
may
important
client
potential
jail
sentence
padilla
slip
quoting
cyr
application
strickland
padilla
followed
naturally
earlier
observations
changes
immigration
law
accompanying
evolution
professional
norms
decided
cyr
padilla
nothing
strickland
substance
applicability
changed
difference
prior
law
underlying
professional
norms
changed
counsel
failure
give
advice
amounted
constitutionally
deficient
padilla
counsel
obligated
follow
relevant
professional
norms
norms
reflected
changes
immigration
law
padilla
reached
result
sixth
amendment
right
changed
ii
accepting
routine
applications
strickland
result
new
rules
majority
nevertheless
holds
padilla
went
step
view
padilla
oke
new
addressing
threshold
question
whether
advice
deportation
collateral
consequence
criminal
conviction
falls
within
scope
sixth
amendment
ante
wrong
padilla
declined
embrace
distinction
collateral
direct
consequences
criminal
conviction
majority
says
fact
stated
clearly
found
distinction
irrelevant
purposes
determining
defense
lawyer
obligation
provide
advice
immigration
consequences
plea
slip
asserted
never
applied
distinction
direct
collateral
consequences
define
scope
constitutionally
professional
assistance
required
strickland
concluded
hether
distinction
appropriate
question
need
consider
case
slip
emphasis
added
distinction
ill
suited
task
hand
explained
deportation
close
connection
criminal
process
uniquely
difficult
classify
either
direct
collateral
consequence
slip
indeed
ur
law
ha
enmeshed
criminal
convictions
penalty
deportation
nearly
century
long
recognized
deportation
particularly
severe
slip
bottom
majority
argument
hinges
upon
distinction
never
embraced
padilla
found
irrelevant
issue
ultimately
decided
without
revision
recent
decisional
history
majority
analysis
unravels
majority
finds
legal
landscape
graham
collins
padilla
nearly
uniform
rejection
strickland
application
deportation
consequences
plea
ante
concludes
lower
courts
generally
agreement
sixth
amendment
require
attorneys
inform
clients
collateral
consequences
plea
weighs
heavily
favor
finding
padilla
announced
new
rule
ante
nn
majority
discussion
precedents
operates
high
level
generality
fails
account
development
professional
standards
time
cyr
noted
importance
advising
clients
immigration
consequences
recent
vintage
indeed
recent
cases
majority
cites
see
relies
upon
decisions
issued
period
spans
years
see
ante
nn
nearly
half
decided
enactment
iirira
see
ibid
two
federal
appeals
cases
decided
cyr
see
ante
nn
earlier
decisions
show
nothing
underlying
professional
norms
yet
evolved
require
attorneys
provide
advice
deportation
consequences
cases
period
following
iirira
cyr
undermine
majority
generalizations
state
law
padilla
deportation
long
understood
lower
courts
present
difficult
penalty
classify
either
collateral
direct
consequence
russell
cadc
cf
janvier
holding
strickland
applied
advice
judicial
recommendation
deportation
eventually
parallel
changes
federal
immigration
law
corresponding
professional
norms
lower
courts
acknowledged
important
qualification
collateral
consequences
rule
passage
iirira
decision
cyr
many
courts
concluded
lawyer
affirmative
misstatements
immigration
consequences
guilty
plea
constitute
deficient
performance
strickland
indeed
federal
appeals
address
question
cyr
held
see
couto
kwan
cf
decisions
period
accord
relied
upon
similar
decisions
created
important
exception
consequences
distinction
also
foreshadowed
reasoning
padilla
basing
analysis
relevant
professional
norms
special
nature
deportation
aba
standards
governing
immigration
practice
assessment
standards
st
cyr
see
kwan
counsel
may
misled
defendant
ignorance
excuse
basic
rule
professional
conduct
lawyer
must
remain
abreast
changes
law
practice
counsel
performance
fell
aba
ethical
standard
criminal
defense
attorneys
respect
immigration
consequences
noted
standard
cyr
couto
citing
cyr
relevant
aba
standards
concluding
recent
authority
supports
broader
view
attorney
responsibility
encompasses
affirmative
misrepresentations
deportation
consequences
see
also
eportation
exclusion
harsh
consequences
majority
believes
decisions
meaningfully
alter
state
law
lower
courts
padilla
merely
applied
principle
lawyer
may
affirmatively
mislead
client
ante
explained
reasoning
cases
renders
characterization
best
incomplete
see
kwan
lower
precedents
consistent
general
principle
attorneys
mislead
clients
providing
incorrect
advice
rest
primarily
rule
rather
recognized
significant
changes
professional
norms
predated
padilla
noted
cyr
consequence
wall
direct
collateral
consequences
lower
courts
erected
ante
already
dealt
serious
blow
time
decided
padilla
majority
points
misrepresentation
cases
stopped
short
imposing
affirmative
obligation
lawyers
consult
clients
consequences
deportation
ante
majority
places
much
emphasis
absence
lower
authority
finding
attorney
omissions
respect
deportation
resulted
ineffective
assistance
distinction
omissions
affirmative
misrepresentations
lower
cases
depended
reconciled
strickland
padilla
rejected
solicitor
general
suggestion
strickland
apply
advice
immigration
consequences
plea
cases
defense
counsel
makes
affirmative
misstatement
padilla
slip
found
strickland
incompatible
distinction
obligation
give
advice
prohibition
affirmative
misstatements
slip
citing
strickland
strickland
made
clear
standard
attorney
performance
applied
acts
omissions
rule
limiting
performance
inquiry
one
narrow
thus
distinction
misrepresentations
omissions
majority
relies
classifying
lower
precedent
implies
categorical
rule
inconsistent
strickland
requirement
assessment
attorney
see
roe
short
courts
differentiated
misleading
silence
affirmative
misrepresentation
hardly
establishes
rationality
distinction
notably
offers
reasoned
basis
believing
distinction
extracted
strickland
sure
lower
courts
continue
apply
distinction
collateral
direct
consequences
cyr
see
ante
see
broomes
ashcroft
even
even
assuming
misrepresentation
cases
call
distinction
question
existence
lower
decisions
dispositive
standard
determining
case
establishes
new
rule
mere
existence
conflicting
authority
necessarily
mean
rule
new
wright
concurring
judgment
citing
stringer
black
see
graham
collins
souter
dissenting
application
strickland
straightforward
rooted
years
professional
standards
prior
cyr
decision
reason
put
lower
cases
many
decade
earlier
ahead
simple
clear
reasoning
padilla
nevertheless
majority
reaches
paradoxical
conclusion
declining
apply
doctrine
never
adopted
padilla
announced
new
rule
iii
truly
appears
drive
majority
analysis
sense
padilla
occasioned
serious
disruption
lower
decisional
reasoning
see
ante
count
ing
new
ground
hard
pressed
know
quoting
teague
concurring
dissenting
opinions
padilla
similarly
reflected
impression
significant
destabilizing
decision
see
alito
concurring
judgment
slip
scalia
dissenting
slip
describing
majority
opinion
sledge
hammer
ante
fact
decision
perceived
momentous
consequential
particularly
disagreed
control
teague
analysis
faithfully
applying
teague
rule
depends
instead
examination
reasoning
objective
assessment
precedent
issue
stringer
padilla
nothing
apply
strickland
holding
contrary
today
decision
deprives
defendants
fundamental
protection
strickland
requires
lawyers
comply
professional
norms
respect
advice
provide
clients
accordingly
reverse
judgment
seventh
circuit
hold
padilla
applies
retroactively
collateral
review
convictions
became
final
announcement
respect
dissent
footnotes
petition
writ
coram
nobis
provides
way
collaterally
attack
criminal
conviction
person
like
chaidez
longer
custody
therefore
seek
habeas
relief
see
morgan
chaidez
government
agree
nothing
case
turns
difference
coram
nobis
petition
habeas
petition
assume
without
deciding
correct
compare
case
retroactive
amer
chang
hong
state
gaitan
orocio
retroactive
commonwealth
clarke
mass
teague
stated
two
exceptions
atershed
rules
criminal
procedure
rules
placing
conduct
beyond
power
government
proscribe
apply
collateral
review
even
novel
internal
quotation
marks
omitted
chaidez
argue
either
exceptions
relevant
consider
teague
williams
rompilla
wiggins
granted
habeas
relief
pursuant
state
courts
unreasonably
applied
clearly
established
law
explained
clearly
established
law
new
within
meaning
teague
see
williams
never
attempted
delineate
world
collateral
consequences
see
padilla
slip
effects
conviction
commonly
viewed
collateral
include
civil
commitment
civil
forfeiture
sex
offender
registration
disqualification
public
benefits
disfranchisement
see
alito
concurring
judgment
slip
listing
examples
saying
much
declined
rule
whether
advice
conviction
collateral
consequences
falls
outside
sixth
amendment
scope
also
whether
parole
eligibility
considered
consequence
appeals
held
see
broomes
ashcroft
fry
gonzalez
russo
wl
mar
ogunbase
wl
del
rosario
cadc
george
yearwood
campbell
rumpel
state
crim
app
tafoya
state
alaska
state
rosas
app
niver
commissioner
correction
app
per
curiam
state
christie
del
super
matos
major
state
people
huante
state
ramirez
iowa
state
muriithi
commonwealth
fuartado
state
montalban
la
commonwealth
fraire
mass
app
people
davidovich
per
curiam
state
ex
rel
nixon
clark
mo
app
state
zarate
neb
barajas
state
per
curiam
state
chung
super
app
div
people
ford
state
dalman
commonwealth
frometa
state
alejo
nikolaev
weber
per
curiam
bautista
state
crim
app
perez
state
tex
app
state
ut
state
app
state
santos
app
people
pozo
state
paredez
dissent
therefore
wrong
claim
emphasize
absence
lower
authority
holding
attorney
failure
advise
deportation
violated
sixth
amendment
post
opinion
sotomayor
instead
point
presence
lower
authority
case
case
jurisdiction
jurisdiction
holding
failure
relating
collateral
matter
separate
opinions
padilla
objected
aspect
ruling
dissents
known
exaggerate
novelty
majority
opinions
mere
existence
dissent
like
existence
conflicting
authority
state
lower
federal
courts
establish
rule
new
beard
banks
see
williams
concurring
dissenting
opinions
padilla
something
described
line
crossing
today
justice
alito
wrote
longstanding
unanimous
position
federal
courts
reasonable
defense
counsel
generally
need
advise
client
direct
consequences
criminal
conviction
see
concurring
judgment
slip
time
justice
scalia
ntil
today
sixth
amendment
guaranteed
legal
advice
directly
related
defense
prosecution
criminal
charge
dissenting
slip
one
need
agree
separate
opinions
criticisms
padilla
concur
view
modified
governing
law
see
kwan
couto
dissent
entire
analysis
founders
basic
point
lengthy
description
padilla
dissent
picks
middle
concluded
distinction
preclude
finding
padilla
lawyer
provided
ineffective
assistance
sixth
amendment
see
post
dissent
justifies
ignoring
threshold
conclusion
ground
padilla
declined
embrace
distinction
collateral
direct
consequences
stated
clearly
found
distinction
irrelevant
case
post
exactly
refusing
apply
distinction
padilla
something
novel
forthrightly
acknowledged
distinction
doomed
padilla
claim
every
see
slip
supra
see
also
resendiz
kovensky
ecause
immigration
consequences
remain
collateral
failure
counsel
advise
client
potential
immigration
consequences
conviction
violate
sixth
amendment
russo
wl
ounsel
found
ineffective
mere
failure
inform
defendant
collateral
consequences
plea
deportation
relying
santelises
per
curiam
dissent
claims
opposite
averring
lower
decisions
show
nothing
underlying
professional
norms
yet
evolved
require
attorneys
provide
advice
deportation
consequences
post
dissent
point
single
decision
stating
lawyer
failure
offer
advice
deportation
met
professional
norms
decisions
instead
held
lawyer
breach
norms
constitutionally
irrelevant
deportation
collateral
consequence
see
supra
courts
fact
considered
professional
standards
slew
cases
padilla
presented
claims
discovered
early
american
bar
association
instructed
criminal
lawyers
advise
clients
risks
deportation
see
aba
project
standards
criminal
justice
standards
relating
pleas
guilty
commentary
app
draft
difficulty
upholding
claims
prior
padilla
nothing
courts
view
professional
norms
everything
use
divide
chaidez
makes
two
arguments
merits
briefs
teague
bar
retroactivity
apply
petitioner
federal
conviction
least
makes
claim
ineffective
assistance
brief
petitioner
chaidez
include
issues
petition
certiorari
still
critically
adequately
raise
lower
courts
petition
rehearing
en
banc
seventh
circuit
questioned
teague
applicability
argument
standard
apply
challenges
federal
convictions
differs
ones
made
see
petition
rehearing
rehearing
en
banc
moreover
find
case
federal
considered
chaidez
contention
teague
apply
ineffective
assistance
claims
indful
review
first
view
decline
rule
chaidez
new
arguments
cutter
wilkinson
footnotes
see
lafler
cooper
incorrect
advice
leading
plea
offer
rejection
rompilla
beard
failure
investigate
evidence
prosecution
intended
use
prove
aggravating
circumstance
capital
case
wiggins
smith
failure
investigate
defendant
social
history
capital
case
roe
failure
consult
defendant
regarding
whether
pursue
appeal
williams
taylor
failure
investigate
defendant
background
purposes
mitigation
evidence
capital
case
hill
lockhart
failure
provide
effective
assistance
plea
negotiations
aedpa
course
differs
teague
rule
important
respects
see
greene
fisher
slip
differences
aside
fact
repeatedly
found
aedpa
cases
involving
strickland
controlled
established
precedent
underscores
application
strickland
new
context
almost
never
result
new
rule
even
iirira
cyr
lawyers
course
understood
good
practice
inform
clients
deportation
consequences
plea
see
ante
citing
aba
project
standards
criminal
justice
standards
relating
pleas
guilty
commentary
app
draft
following
sea
change
immigration
law
however
professional
norms
become
established
universally
recognized
measure
constitutionally
adequate
performance
included
giving
advice
form
padilla
recognized
see
slip
see
ins
cyr
noting
reserving
client
right
remain
may
important
potential
jail
sentence
internal
quotation
marks
omitted
jordan
de
george
jackson
dissenting
deportation
proceedings
practically
criminal
extend
criminal
process
sentencing
include
convictions
additional
punishment
fong
haw
tan
phelan
eportation
drastic
measure
times
equivalent
banishment
exile
ng
fung
ho
white
deportation
may
result
loss
property
life
makes
life
worth
living
fong
yue
ting
brewer
dissenting
every
one
knows
forcibly
taken
away
home
family
friends
business
property
sent
across
ocean
distant
land
punishment
oftentimes
severe
cruel
see
supp
ed
clear
consensus
affirmative
misstatement
regarding
deportation
may
constitute
ineffective
assistance
see
rubio
state
per
curiam
like
jurisdictions
recognize
particularly
harsh
penal
nature
deportation
described
deportation
drastic
measure
times
equivalent
banishment
exile
depicted
penalty
perhaps
understanding
harshness
deportation
growing
number
jurisdictions
adopted
affirmative
misrepresentation
exception
collateral
consequence
rule
people
correa
people
mcdonald
see
also
alguno
state
app
per
curiam
state
ut
yim
majority
cites
law
review
article
proposition
categorical
consequences
rule
one
widely
recognized
rules
american
law
ante
quoting
chin
holmes
effective
assistance
counsel
consequences
guilty
pleas
cornell
rev
article
fact
quite
critical
rule
authors
explained
real
work
conviction
performed
collateral
consequences
collateral
distinction
context
claims
surprising
seems
inconsistent
framework
laid
strickland
chin
holmes