In re Vasquez-Ramirez, 443 F.3d 692 (9th Cir. Apr. 6, 2006) (district judge may not reject a guilty plea that satisfies all requirements of FRCP 11(b); but may refuse to abide by plea agreement between defendant and the government; if plea agreement is rejected, judge must allow defendant to withdraw the plea; if defendant maintains the plea the court "may dispose of the case less favorably toward the defendant than the plea agreement contemplated. Fed. R. Crim. P. 11(c)(5)(C) . . . .").

United States v. Monzon, 429 F.3d 1268 (9th Cir. Dec.

Zhang v. United States, ___ F.Supp.2d ___, 2005 WL 3086840 2005 U.S. Dist. LEXIS 28404 (E.D. N.Y. Nov. 18, 2005) (motion to vacate sentence pursuant to 28 U.S.C. 2255 on involuntary plea and ineffective counsel grounds for misadvice concerning immigration consequences not barred by failure to raise issues on direct appeal); Mandarino v. Ashcroft, 290 F. Supp.2d 253, 260-61 (D. Conn. 2002) (ignorance of deportation consequences of the defendant's sentence was "cause" for the defendant's failure to appeal the sentence); United States v. Singh, 305 F. Supp.2d 109, 111 (D.D.C.

Vega-Gonzalez v. State of Oregon, 191 Or. App. 587 (2004) (where conviction will lead to mandatory deportation, defense counsel required to inform defendant; stating that conviction "may" result in deportation is ineffective assistance of counsel. On July 20, 2004, Oregon Supreme Court granted State's request to review Court of Appeals opinion).

Lyons v. Pearce, 298 Or. 554 (1985) (defense counsel has duty to advise defendant of possibility of deportation)

Davis v. Woodford, ___ F.3d ___ (9th Cir.

United States v. Recio, 371 F.3d 1093 (9th Cir. June 15, 2004) (trial court use of criminal conspiracy rule that was later rejected constituted structural error, requiring reversal without specific showing of prejudice); see Sullivan v. Louisiana, 508 U.S. 275, 282 (1993).

Federal courts consistently have held that deportation is a collateral consequence. For example, in El- Nobani v. United States, 287 F.3d 417, 419 (6th Cir. 2002), the petitioner claimed that his lack of awareness of the deportation consequences rendered his plea involuntary and unknowing. The United States Court of Appeals for the Sixth Circuit disagreed: "A defendant need only be aware of the direct consequences of the plea . . . . A collateral consequence is one that remains beyond the control and responsibility of the district court in which that conviction was entered. . . .

United States v. Grammas, 376 F.3d 433 (5th Cir. 2004) (denial of effective assistance of counsel in plea negotiations where counsel gave incompetent advice, which misstated the exposure defendant faced at trial, and defendant proceeded to trial instead of entering a guilty plea; case remanded for determination of actual prejudiced, i.e., whether defendant would have pleaded guilty with competent advice and whether he would have received a reduced sentence had he pled guilty).

Young v. Runnels, ___ F.3d ___ (9th Cir. Jan. 23, 2006) (habeas denial affirmed over ineffective assistance of counsel claim and a conflict of interest claim).
http://caselaw.lp.findlaw.com/data2/circs/9th/0316859p.pdf