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CA9 on Ineffective Assistance: USA v. Lopez-Chavez

"Brigido Lopez-Chavez challenges his conviction for criminal reentry by making a collateral attack on his underlying removal order. He argues that his attorney in the immigration proceedings provided ineffective assistance of counsel in erroneously conceding his removability, failing to appeal the...

CA9 on Padilla: USA v. Rodriguez-Vega

Court Staff Summary - "Vacating a conviction of misdemeanor attempted transportation of illegal aliens, the panel held that the district court erred in failing to hold, upon a petition under 28 U.S.C. § 2255, that defendant’s counsel was ineffective in failing to advise her that her plea...

CA9 on Ineffective Assistance of Counsel, Equitable Tolling: Salazar-Gonzalez v. Lynch

"Sometimes, it is difficult to distinguish between a client’s bad luck and a lawyer’s bad advice. Risk is an inherent part of litigation, and lawyers must weigh countless probabilities when advising their clients on what claims to pursue, motions to file, and arguments to raise. This...