· 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 CourtListenerSourced 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.