Seventh Circuit -- Roselva Chaidez v. USA

Roselva Chaidez v. USA

   Padilla's holding that not advising a client that plea deal will lead to deportation is a new rule, not an old rule applied to new facts, and therefore not retroactive to cases on collateral review.

Circuit split with Third flagged.

Review is on a writ of coram nobis as deft is not in custody.

Dissent - In context of Strickland, not a new rule; Language in Padilla signals that the Court anticipated retroactive application.