California Court of Appeal

In a criminal case in which an Afghani national who was in removal proceedings filed a "nonstatutory" motion to raise a postjudgment claim of ineffective assistance of counsel on the basis of counsel's failure to advise him of the immigration consequences of his guilty plea, the superior court's denial of the motion is affirmed, where: 1) the court was without jurisdiction to hear the motion, as case law did not require a nonstatutory motion safety net to provide a remedy when other remedies through which relief might have been obtained were no longer available; and 2) in any event, the defendant failed to make a prima facie showing that he would have been entitled to relief as a result of prior counsel's conduct.

Appellate Information

• Decided 05/16/2012
• Published 05/16/2012

Judges

• Moore

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Kiran Nair, Garrett Beaumont