The Supreme Court holds successive habeas petitioners cannot pursue relief in the federal courts. Tyler v. Cain, 533 U.S. 656 (2001) (a petitioner cannot take advantage of the successive habeas petition rule, 28 U.S.C. 2244(b)(2), unless the Supreme Court has expressly held in a collateral review case that the earlier decision is retroactive). While 28 U.S.C. 2244(d)(1)(C) has slightly different language than 2244(b)(2), the reasoning in Tyler would effectively preclude an argument under 28 U.S.C. 2244(d)(1)(C) for an exception to the one-year AEDPA statute of limitations for federal habeas corpus petitioners who wish to pursue a claim under Padilla but who have not filed the petition within that period.

The Court in Tyler stated:

The Supreme Court does not 'ma[k]e' a rule retroactive when it merely establishes principles of retroactivity and leaves the application of those principles to lower courts. In such an event, any legal conclusion that is derived from the principles is developed by the lower court (or perhaps by a combination of courts), not by the Supreme Court. We thus conclude that a new rule is not 'made retroactive to cases on collateral review' unless the Supreme Court holds it to be retroactive.

(Id. at ___.)