Chavarria v. U.S.

Dist. Ct. did not err in dismissing defendant’s habeas petition, alleging that his trial counsel was ineffective for failing to accurately inform him of deportation risk associated with defendant’s entry of guilty plea, where instant plea was entered one year prior to U.S. Supreme Ct. decision in Padilla, 559 US 356, where Ct. found that such failure could support ineffective assistance of counsel claim. Under Chaidez, 655 F.3d 694 Padilla was new rule that could not be applied retroactively to defendant’s guilty plea, and at time of instant guilty plea, lawyer’s advice about collateral matters such as deportation risks was irrelevant for claims alleging ineffective assistance of counsel under 6th Amendment.