Skip to main content
· 6/27/2005

Hugo Rangel Resendiz v. Leonard Kovensky, Acting Director, Immigration and Naturalization Service

Citations

  • 416 F.3d 952
  • 2005 U.S. App. LEXIS 12699
  • 5 Cal. Daily Op. Serv. 5674

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that alien petitioner “may not collaterally attack his state conviction in a habeas petition against the INS under § 2241”
  • “[B]e-cause immigration consequences remain collateral, the failure of counsel to advise his client of the potential immigration consequences of a conviction does not violate the Sixth Amendment”
  • “[B]ecause immigration consequences remain collateral, the failure of counsel to advise his client of the potential immigration consequences of a conviction does not violate the Sixth Amendment”
  • immigration consequences such as deportation render a 12 petitioner not in custody for purposes of a Section 2254 petition
  • immigration 27 consequences of a state-court conviction constitute collateral consequences and do not satisfy the in-custody requirement for purposes of determining whether subject-matter 28 jurisdiction is lacking
  • “[W]e adhere to the holding of Contreras and affirm the district court’s conclusion 3 that Resendiz may not collaterally attack his state conviction in a habeas petition against the INS 4 under § 2241.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Schroeder, Pregerson, Trott

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.