United States Seventh Circuit

After a foreign national's conviction for heroin distribution, petition for habeas relief is granted where: 1) foreign nationals may bring ineffective assistance of counsel claims based on violations of Article 36 of the Vienna Convention; 2) the government violated Article 36 by failing to notify petitioner of his right to consular assistance; 3) counsel's failure to raise the violation was deficient performance; and 4) this failure prejudiced petitioner.

Appellate Information

• Argued 04/01/2008
• Decided 09/09/2008
• Published 09/09/2008

Judges

• CUDAHY, Circuit Judge., Before CUDAHY, RIPPLE and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Gregory S. Bailey, Jennifer Plaster Mullin (argued), Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for Petitioner-Appellant.


• For Appellees:
  
• Annie L. Owens (argued), Department of Justice Office of the Solicitor General, Washington, DC, for Respondent-Appellee.