| 25-6167 |
Amir Golestan v. United States |
Fourth Circuit |
2025-11-19 |
Denied |
Response WaivedIFP |
denaturalization guilty-plea immigration-consequences rule-11 substantial-rights wire-fraud |
Whether the failure to give the Rule 11(b)(1)(O) warning affects the substantial rights of a naturalized United States citizen who could be denaturali… |
| 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, … |
| 24-5806 |
Jackson Peter Chiwanga v. Gentner F. Drummond, Attorney General of Oklahoma |
Tenth Circuit |
2024-10-22 |
Denied |
Relisted (2)IFP |
deportation habeas-corpus immigration-consequences in-custody-requirement ineffective-assistance padilla-v-kentucky |
1. Whether Petitioner Satisfies the in-custody requirements of 2254 Petition when he continued to suffer consequences of deportation as a result of 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. |
| 23-1145 |
Ojin Kim v. United States |
Fifth Circuit |
2024-04-22 |
Denied |
Response Waived |
case-or-controversy criminal-conviction deportation deportation-consequences federal-jurisdiction habeas immigration-consequences ineffective-assistance post-conviction-relief sixth-amendment standing strickland-standard |
Whether the real threat of deportation as a result of a federal criminal conviction establishes standing and a real case in controversy for federal co… |
| 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… |
| 21-8267 |
Dave Lawrence v. United States Citizenship and Immigration Services, et al. |
Third Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
equitable-tolling habeas-corpus immigration-consequences ineffective-assistance-of-counsel plea-bargaining post-conviction-relief retroactive-constitutional-right retroactivity time-limitation |
I. Whether the United States Supreme Court decision recognizing ineffective assistance of counsel claims for criminal defense counsels failure to advi… |
| 21-619 |
Hugo Reyes-Morales v. Maryland |
Maryland |
2021-10-27 |
Denied |
Response Waived |
criminal-defense criminal-procedure due-process immigration-consequences ineffective-assistance padilla-v-kentucky plea-bargaining sixth-amendment strickland-standard strickland-v-washington |
If "the deportation consequences of a particular plea are unclear or uncertain…a criminal defense attorney need do no more than advise a noncitizen cl… |
| 21-5766 |
Dionte Dortch v. United States |
Eighth Circuit |
2021-09-23 |
Denied |
Response WaivedIFP |
5th-amendment criminal-procedure deportation due-process firearm immigration-consequences ineffective-assistance plea-bargaining rico-statute simple-possession |
I WHETHER thE DUE PROCESS ClOUSE ANC THE SIth
AMENdMENT PRotECTS ThE ACCUSEd FROM A PlEA
of Guly To MatRial FActs Of SIMple PosSESSION
OF CocaINe aNd … |
| 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… |
| 21-166 |
Leonel Cervantes-Meraz v. Oregon |
Oregon |
2021-08-05 |
Denied |
Response Waived |
criminal-defense criminal-plea fourteenth-amendment immigration immigration-consequences ineffective-assistance padilla padilla-precedent sixth-amendment |
(I) Did the State of Oregon violate the Petitioner's right to effective assistance of counsel guaranteed him by the Sixth and Fourteenth Amendment of … |
| 20-5651 |
Christopher R. Gish v. Randall Hepp, Warden |
Seventh Circuit |
2020-09-10 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure hill-v-lockhart immigration immigration-consequences ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states plea-bargaining prejudice-standard |
In Lee v. United States , __ U.S. __, 137 S. Ct. 1958, 1965 (2017), this Court held that in assessing whether a defense attorney's deficient advice th… |
| 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… |
| 20-30 |
Nigel Christopher Paul Martin v. United States |
Eleventh Circuit |
2020-07-16 |
Denied |
Response Waived |
criminal-procedure immigration immigration-consequences ineffective-assistance ineffective-assistance-of-counsel mandatory-deportation padilla-claim padilla-v-kentucky plea-agreement plea-bargaining post-conviction-relief |
Is a defendant categorically prohibited from establishing an ineffective assistance of counsel claim under Padilla v. Kentucky, 559 U.S. 356 (2010), w… |
| 19-104 |
Flavio Tamez v. United States |
Fifth Circuit |
2019-07-22 |
Denied |
Response WaivedRelisted (2) |
appeal-waiver appellate-procedure certificate-of-appealability collateral-attack constitutional-effectiveness criminal-defendant-waiver due-process immigration-consequences ineffective-assistance ineffective-assistance-of-counsel jae-lee-v-united-states sentencing-consequences waiver-of-rights |
1. The courts of appeals are divided over whether a
criminal defendant's generic waiver of his right to appeal or bring a collateral attack can knowin… |
| 18-1593 |
Jose Gracia-Cantu v. United States |
Fifth Circuit |
2019-06-27 |
Denied |
Response Waived |
aggravated-felony circuit-split collateral-consequences crime-of-violence criminal-law-sentencing criminal-sentencing due-process immigration immigration-consequences mootness retroactivity sentencing-guidelines statutory-interpretation |
1. Whether the Court of Appeals for the Fifth Circuit erred as a matter of law in holding that Petitioner's conviction for unlawful entry warranted an… |
| 18-9783 |
Nasser Ghelichkhani v. United States |
Eleventh Circuit |
2019-06-25 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-validity coram-nobis criminal-procedure double-jeopardy due-process fundamental-error fundamental-rights guilty-plea immigration immigration-consequences plea-bargaining |
1-Whether a conviction, with tremendous adverse consequences, is constitutionally valid, when it is obtained through a plea (that does not waive appea… |
| 18-1499 |
Umesh Kaushal v. Indiana |
Indiana |
2019-05-31 |
Denied |
Response WaivedRelisted (2) |
due-process fourteenth-amendment guilty-plea immigration-consequences jury-trial plea-bargaining reasonable-probability resident-alien sixth-amendment |
1. When a resident alien pleads guilty to a crime,
while ignorant of the immigration consequences, then
discovers those consequences and demands a tri… |
| 18-1385 |
Ruben Delhorno v. United States |
Seventh Circuit |
2019-05-03 |
Denied |
Response Waived |
coram-nobis criminal-procedure deportation-consequences habeas-corpus immigration immigration-consequences immigration-proceedings ineffective-assistance ineffective-assistance-of-counsel padilla-v-kentucky padilla-waiver sixth-amendment writ-of-error-coram-nobis |
In Padilla v. Kentucky, 559 U.S. 356 (2010), this Court held that the Sixth Amendment imposes on attorneys representing non-citizen criminal defendant… |
| 18-7900 |
Jorge Ernesto Blanco-Rodriguez v. United States |
Fifth Circuit |
2019-02-11 |
Denied |
Response WaivedIFP |
criminal-procedure direct-appeal guilty-plea immigration-consequences ineffective-assistance ineffective-assistance-of-counsel non-citizen-defendant padilla-v-kentucky plea-bargaining plea-colloquy supervisory-power |
In the Padilla v. Kentucky, 559 U.S. 356 (2010), this Honorable Court held that a criminal defense lawyer is ineffective when the lawyer fails to advi… |
| 18-5665 |
Orestes Cabrera v. United States |
Eleventh Circuit |
2018-08-20 |
Denied |
Response WaivedRelisted (2)IFP |
all-writs-act anti-terrorism-and-effective-death-penalty-act criminal-procedure due-process effective-assistance-counsel effective-assistance-of-counsel immigration-consequences nolle-prosequi padilla-claim padilla-v-kentucky retroactivity |
WHETHER PETITIONER'S RIGHTS UNDER THE DUE PROCESS CLAUSE AND THE EFFECTIVE ASSISTANCE OF COUNSEL WERE VIOLATED WHERE BOTH OF THE LOWER COURTS ERRED IN… |
| 18-5321 |
Salvador Ortiz-Uresti v. United States |
Third Circuit |
2018-07-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
categorical-approach circuit-split colorado-drug-statute criminal-law divisibility drug-statute federal-predicate federal-sentencing immigration-consequences nationwide-impact sentencing sentencing-enhancement statutory-interpretation |
When deciding whether a conviction under Colorado's primary drug statute qualifies as a federal predicate for an increased sentence, should a court tr… |