[Download] "Mcgeshick v. Principi" by United States Court of Appeals Tenth Circuit ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Mcgeshick v. Principi
• Author : United States Court of Appeals Tenth Circuit
• Release Date : January 04, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The appellants in this consolidated appeal are lawful permanent residents facing deportation as a result of criminal convictions. They seek habeas corpus relief on grounds they received ineffective assistance of counsel when their respective attorneys failed to adequately advise them of the possible immigration consequences of pleading guilty. We consolidated these cases for procedural purposes, appointed counsel, and granted a certificate of appealability limited to three issues: (1) whether the district court may review an expired state conviction under 28 U. S. C. § 2241 where that conviction serves as a predicate for Immigration and Naturalization Service detention; (2) whether counsel renders ineffective assistance by failing to advise a client of the deportation consequences that arise when a conviction is entered; and (3) whether the appellants demonstrated prejudice under the second prong of Strickland v. Washington, 466 U. S. 668, 687 (1984). Exercising jurisdiction pursuant to 28 U. S. C. § 1291, we affirm the judgments of the district courts dismissing Mr. Broomes 28 U. S. C. § 2254 claim and Mr. Abtews 28 U. S. C. § 2241 claim. For the reasons provided herein, we deny Mr. Abtews request for a certificate of appealability on his § 2254 claim and dismiss such claim on appeal.

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