United States Tenth Circuit

Habeas petitions filed by two lawful permanent residents, alleging ineffective assistance of counsel for their attorneys' failure to advise them of the possible immigration consequences of pleading guilty, were properly dismissed. 28 U.S.C. section 2241 does not support collateral attacks on expired state court convictions; as deportation is a collateral consequence of the criminal proceeding, the failure to advise does not result in a Sixth Amendment deprivation.

Appellate Information

• Decided 02/17/2004
• Published 02/17/2004

Judges

• BRORBY, Senior Circuit Judge., Before EBEL, Circuit Judge, BRORBY, Senior Circuit Judge, and BRISCOE, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs.  Michael A. Scaperlanda of College of Law University of Oklahoma, Norman, OK, on the briefs for Petitioners-Appellants in No. 02-6419 & No. 03-1063.


• For Appellees:
  
• Charles J. Hynes, District Attorney, Kings County, NY, and Leonard Joblove and Amy Appelbaum, Assistant District Attorneys of Counsel, Brooklyn, NY, on the brief for Respondent-Appellee Charles Hynes in No. 02-6419., John W. Suthers, United States Attorney, and John M. Hutchins, Assistant United States Attorney, Denver, CO, on the briefs for Respondents-Appellees in No. 03-1063.