United States v. Chan, 792 F.3d 1151 (9th Cir. Jul. 9, 2015) (This case requires us to determine the retroactivity of our prior decision in United States v. Kwan, 407 F.3d 1005 (9th Cir. 2005). Because we conclude that Kwan both survives Padilla v. Kentucky, 559 U.S. 356 (2010), and did not establish a new rule of criminal procedure under Teague v. Lane, 489 U.S. 288 (1989), we thus hold that Kwan applies retroactively to Chans case.); distinguishing Chaidez v. United States, 133 S. Ct. 1103 (2013) (Supreme Court concluded that Padilla does not apply retroactively).