Failure to advise claims remain alive for convictions that became final prior to Padilla in those jurisdictions with decisions to that effect, such as California, which had already held that failure to advise constituted ineffective assistance of counsel. People v. Soriano, 194 Cal.App.3d 1470 (1987). The same is true for failure to defend claims. People v. Barocio, 216 Cal.App.3d 99 (1989). The same is true of affirmative misadvice claims. In re Resendiz, 25 Cal.4th 230, 248, 105 Cal.Rptr. 2d 431 (2001). The fact that Padilla does not apply retroactively does not invalidate prior state decisions holding that failure to advise or affirmative misadvice constitute ineffective assistance of counsel.