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7th Circuit: Ineffective assistance claim can’t challenge deportation

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A legal permanent resident who argued pro se that ineffective assistance of legal counsel led to his deportation after he pleaded guilty to cocaine distribution failed to persuade the 7th Circuit Court of Appeals to reinstate his claim that was dismissed by a federal court.

Julio Cesar Chavarria argued in Julio Cesar Chavarria v. United States of America, 11-3549, that his criminal trial counsel told him not to worry about deportation when he pleaded guilty and told him authorities weren’t interested in deporting him.

Chavarria initially argued that Padilla v. Kentucky, 559 U.S. 356 (2010) could be applied retroactively, but the Supreme Court of the United States foreclosed such a possibility in affirming the 7th Circuit’s holding in Chaidez v. United States, 655 F.3d 684 (7th Cir. 2011)

Chavarria then appealed on the argument that affirmative misadvice allows an alternative constitutional claim under pre-Padilla law. Judge Joseph Van Bokkelen of the District Court for the Northern District of Indiana in Hammond dismissed Chavarria’s 28 U.S.C. § 2255 claim and the 7th Circuit affirmed.

“The district court correctly concluded that it was bound by Chaidez and that Padilla had no retroactive effect on Chavarria’s case," Circuit Judge James Cudahy wrote for the panel. "(T)he distinction between affirmative misadvice and failure to advise does not somehow evade the non-retroactivity of Padilla.”




 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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