padilla-standard

8 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-7393 Walter Aceituno v. United States First Circuit 2025-06-10 Denied Response WaivedIFP coram-nobis effective-assistance-counsel immigration-consequences padilla-standard permanent-ban sixth-amendment 1) Mr. Aceituno, a lawful permanent resident, was advised by his attorney that as a result of his guilty pleas to aggravated felonies in a drug case, …
24-5614 Hussein Kadhim Abood Khalaf v. United States Eighth Circuit 2024-09-23 Denied Response WaivedIFP deportation-consequences immigration-law ineffective-assistance moral-turpitude padilla-standard plea-bargain 1. When deportation consequences posed by a criminal charge are not clear, do attorneys render ineffective assistance by telling an indigent client th…
24A37 Hussein Kadhim Abood Khalaf v. United States Eighth Circuit 2024-07-12 Presumed Complete deportation-risk guilty-plea immigration-consequences ineffective-assistance padilla-standard plea-withdrawal Question not identified.
23-6099 Carlos Noe Gallegos v. Texas Texas 2023-11-22 Denied IFP circuit-split citizenship-denaturalization denaturalization guilty-plea habeas-corpus immigration-consequences ineffective-assistance ineffective-assistance-of-counsel naturalized-citizenship padilla-standard padilla-v-kentucky prejudice-standard 1. Should the Court resolve the circuit split regarding whether Padilla applies to denaturalization consequences flowing from a guilty plea? 2. Did t…
22-7623 Arquimedes Mendoza v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2023-05-23 Denied Response WaivedIFP constitutional-right criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel padilla-standard padilla-v-kentucky plea-bargaining reasonable-defendant reasonable-person Whether, it is enough for a defendant claiming ineffective assistance of counsel in the plea context to back his claim with substantial contemporaneou…
21-5419 Dilang Dat v. United States Eighth Circuit 2021-08-20 Denied Response WaivedIFP criminal-defense criminal-plea deportation deportation-consequences due-process-advice immigration-consequences ineffective-assistance ineffective-assistance-of-counsel padilla-standard padilla-v-united-states strickland-test Does trial counsel advising a criminal defendant that he "could" be deported for entering a guilty plea breach trial counsel's duty to give "clear and…
20-120 Alfredo Juarez v. Colorado Colorado 2020-08-04 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure deportation effective-assistance-of-counsel guilty-plea immigration immigration-consequences padilla-standard padilla-v-kentucky sixth-amendment When there is no dispute that a guilty plea will trigger mandatory deportation pursuant to federal law, must defense counsel advise a noncitizen-defen…
18-14 Carlos Donjuan v. United States Tenth Circuit 2018-07-02 Denied Response RequestedResponse WaivedRelisted (2) coram-nobis criminal-procedure-plea-bargaining due-process equal-protection false-document-employment humanitarian-exception immigration-deportation immigration-removal ineffective-assistance-of-counsel padilla-standard padilla-v-kentucky plea-bargain strickland-ineffective-assistance strickland-v-washington vagueness Whether the Petitioner was denied due process and equal protection when the court failed to allow him to withdraw his guilty plea under Padilla v. Ken…