Post-Conviction Relief for Immigrants



 
 

§ 6.24 6. Failure to Investigate Mitigating Facts

 
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Ninth Circuit

POST CON RELIEF " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL " FAILURE TO GIVE ACCURATE ADVICE OF IMMIGRATION CONSEQUENCES " DEFENDANT IS ENTITLED TO KNOW MORE THAN THAT DEPORTATION IS POSSIBLE; DEFENDANT IS ENTITLED TO KNOW IT IS A VIRTUAL CERTAINTY
United States v. Bonilla, ___ F.3d ___ (9th Cir. Mar. 11, 2011) (A criminal defendant who faces almost certain deportation is entitled to know more than that it is possible that a guilty plea could lead to removal; he is entitled to know that it is a virtual certainty.).
POST CON RELIEF - GROUNDS - INEFFECTIVE ASSISTANCE - FAILURE TO MITIGATE
Belmontes v. Ayers, 529 F.3d 834 (9th Cir. Jun.13, 2008) (reversing denial of habeas relief, in a capital case, where petitioner received inadequate representation by his counsel at the penalty phase of his trial, particularly with regard to counsel's investigation and presentation of mitigating evidence).
POST CON RELIEF - FEDERAL - GROUNDS - INEFFECTIVE ASSISTANCE OF COUNSEL - FAILURE TO MITIGATE
Stankewitz v. Woodford, 365 F.3d 706 (9th Cir.), cert. den., 125 S. Ct. 517, 160 L. Ed. 2d 369 (2004) (evidentiary hearing required on claim of denial of effective assistance of counsel based on counsels failure to "investigate and introduce available, vital evidence of [defendants] childhood of abuse, poverty and institutionalization; his mental deficiencies amounting to borderline retardation; and his drug and alcohol abuse exacerbating his disturbed emotional state, particularly in the days leading up to the killing.").

 

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