Zhang v. United States, ___ F.Supp.2d ___, 2005 WL 3086840 2005 U.S. Dist. LEXIS 28404 (E.D. N.Y. Nov. 18, 2005) (vacating conviction through granting motion to vacate sentence pursuant to 28 U.S.C. 2255 on involuntary plea and ineffective counsel grounds for misadvice concerning immigration consequences where defendant was informed only that the conviction "could result in your deportation," where it was certain to do so).

Rosa v. State of Texas, __ S.W.2d __ (Tex Crim. App. Aug. 25, 2005) (ineffective assistance of counsel for affirmatively misadvising noncitizen defendant of immigration consequences of conviction).

The Seventh Circuit has held that misinformation by the sentencing court regarding the mandatory parole provision in the plea bargain violated due process. See Ferris v. Finkbeiner, 551 F.2d 185 (7th Cir. 1977) (holding defendants due process rights were violated when in the course of making a plea agreement the court misinformed him that he would not have to serve mandatory five-year parole term).

State v. Aquino, ___ Conn. ___, 2005 Conn. App. LEXIS 226 (Conn. App. June 7, 2005) ("Our conclusion today is in agreement with the majority of jurisdictions, both federal and state, that have considered the issue of whether the failure to advise a client of the immigration consequences of a guilty plea constitutes ineffective assistance of counsel. See id., [United States v. Gonzalez, 202 F.3d 20, 24 (1st Cir. 2000)] 25; United States v. Banda, 1 F.3d 354, 356 (5th Cir. 1993); Varela v. Kaiser, 976 F.2d 1357, 1358 (10th Cir. 1992), cert. denied, 507 U.S. 1039, 113 S. Ct. 1869, 123 L. Ed.

State v. Aquino, ___ Conn. ___, 2005 Conn. App. LEXIS 226 (Conn. App. June 7, 2005) (affirming denial of motion to withdraw the plea based on a claim that ineffective assistance of counsel meant the plea was not knowingly and voluntarily entered, since counsel's failure to advise that deportation consequence was mandatory, not merely possible, did not constitute ineffective assistance of counsel because counsel is not required to inform the defendant of collateral consequences, as opposed to direct consequences, of the plea).

United States v. Kwan, ___ F.3d ___, 2005 WL 1119652 (9th Cir. May 12, 2005) (defense counsel rendered ineffective assistance of counsel, by correctly advising the defendant prior to entry of plea concerning immigration consequences of disposition of criminal case that deportation was not a serious possibility, but in failing to notify the defendant when, prior to sentence, the law changed and in fact it became a near certainty, where the defendant could have made a motion under F.R.Crim.P.

Rob A. Justman, The Effects Of AEDPA And IIRIRA On Ineffective Assistance Of Counsel Claims For Failure To Advise Alien Defendants Of Deportation Consequences Of Pleading Guilty To An "Aggravated Felony," 2004 Utah Law Review 701 (2004).

Ostroff, Jamie. Comment. Are immigration consequences of a criminal conviction still collateral? How the California Supreme Court's decision in re Resendiz leaves this question unanswered. (In re Resendiz, 19 P.3d 1172, Cal. .2000.) 32 Sw. U. L. Rev. 359-382 (2003).

State v. Paredez, ___ N.M. ___, 2004 N.M. LEXIS 495 (2004) (a criminal defendant's attorney has "an affirmative duty to determine [the client's] immigration status and provide him with specific advice regarding the impact a guilty plea would have on his immigration status.").

United States v. Sandoval-Lopez, ___ F.3d ___ (9th Cir. June 6, 2005) (defense counsel rendered ineffective assistance in violation of the Sixth Amendment by failing to file a notice of appeal).
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