Johnson v. United States, 362 F.3d 636 (9th Cir. April 2, 2004) (second petition brought to challenge sentence not barred under "successive rule" by first habeas petition, brought to challenge counsel's failure to file notice of appeal).

Hamilton v. Newland, 374 F.3d 822 (9th Cir. July 01, 2004) (district court erred in treating defendants motion as successive habeas petition rather than FRCP 60(b)(6) motion).
http://caselaw.lp.findlaw.com/data2/circs/9th/0215972p.pdf

Castillo v. McFadden, 370 F.3d 882 (9th Cir. June 1, 2004) (defendant must give state notice that he is bringing federal constitutional claims by referring in appellate briefs to specific provisions of the federal constitution or citing to federal law; raising federal arguments in trial motions insufficient). See Baldwin v. Reese, 125 S.Ct. 1347, 1350 (2004).

Baldwin v. Reese, 124 S.Ct. 1347 (March 2, 2004) (ineffective assistance of counsel claim not "fairly presented" where petitioner did not complain that ineffective assistance violated federal law; state supreme courts not required to read lower appellate opinions before deciding whether to grant a hearing, courts should be able to rely exclusively on briefs to alert them to issues).

Baldwin v. Reese, 124 S.Ct. 1347 (March 02, 2004) (prisoner seeking habeas failed to exhaust state remedies by failure to "fairly present" federal claim to state court).

Zhang v. United States, ___ F.Supp.2d ___, 2005 WL 3086840 2005 U.S. Dist. LEXIS 28404 (E.D. N.Y. Nov. 18, 2005) ("A motion under 2255 is not a substitute for an appeal." United States v. Munoz, 143 F.3d 632, 637 (2d Cir. 1998). In 2255 proceedings, the Supreme Court has recognized the rule of procedural default or "exhaustion" of federal remedies. Reed v. Farley, 512 U.S. 339, 354, 114 S. Ct. 2291, 129 L. Ed. 2d 277 (1994). Generally, the rule bars the presentation of a claim through a writ of habeas corpus where the petitioner failed properly to raise the claim on direct review. Id.

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).

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.

Bell v. Cone, 125 S.Ct. 847, 73 USLW 3428 (January 24, 2005) (a grant of a writ of habeas corpus was improper where it failed to accord to the state court the deference required by 28 U.S.C. 2254(d)).
http://laws.lp.findlaw.com/us/000/04394.html

Esposito v. Ashcroft, ___ F.3d ___, 2004 WL 2966589 (2d Cir. Dec. 23, 2004) (affirming district court order dismissing second habeas petition, which sought to relitigate issues rejected in first action, where petitioner had failed to appeal the initial habeas denial, on grounds of "abuse of the writ").