Chavez

MEMORANDUM DECISION AND ORDER ON HABEAS CORPUS PETITION

On December 14, 2001, petitioner Alfonso Chavez, through his attorney, filed a “Petition for Writ of Habeas Corpus and/or Error Coram Nobis,” pursuant to 28 U.S.C. § 2254 . The petitioner initially also named as respondent Thomas J. Schiltgen, District Director of the Immigration and Naturalization Service (“INS”); however, on January 9, 2002, petitioner dismissed without prejudice Mr. Schiltgen. The petitioner attacks, and seeks to strike, his convictions based on guilty pleas in Los Angeles County Superi- or Court case no. VA040213, and Orange County Superior Court case no. 97WF0493 on the ground that he was not advised that he definitely would be removed or deported from the United States following his convictions. Thus, petitioner claims his due process rights were violated when he entered into these guilty pleas, his counsel rendered ineffective assistance in not advising him that he definitely would be deported, and the trial courts violated Penal Code § 1016.5 in not advising him that he definitely would be deported following entry into these guilty pleas. On the face of the petition, petitioner candidly states that…