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· 8/30/2011

United States v. Chang Hong

Citations

  • 671 F.3d 1147
  • 2011 U.S. App. LEXIS 18034
  • 2011 WL 3805763

How courts have described this case

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

  • holding that Padilla announced a new rule of constitutional law and thus does not apply retroactively
  • holding that an appeal from the denial of habeas relief related to a drug conviction was not moot upon the defendant’s deportation because the conviction rendered the defendant “ineligible to receive a visa or for admission to the United States”
  • taking “the concurrence and dissent as support for our conclusion that reasonable jurists did not find the rule in Padilla compelled or dictated by the Court’s prior precedent”
  • “Padilla extended the Sixth Amendment right to effective counsel and applied it to an aspect of a plea bargain previously untouched by Strickland,.”
  • “The Teague framework exists to promote the finality of convictions by shielding them from collateral attacks mounted on new procedural rules of constitutional law.”
  • “We disagree [with Orocio] and believe Padilla marked a dramatic shift when it applied Strickland to collateral civil consequences of a line courts had never crossed before.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tymkovich, O'Brien, McKay, Tymkovtch

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.