Wang

MEMORANDUM **

Janette Wang appeals the district court’s denial of her petition for habeas corpus under 28 U.S.C. § 2255 . Wang claims that she was denied her Sixth Amendment right to effective assistance of counsel because her attorney misadvised her of the immigration consequences of her guilty plea. We reverse and remand to the district court with instructions to grant the writ of habeas corpus.

To establish ineffective assistance of counsel, a petitioner must show that (1) counsel’s performance was deficient and (2) the deficient performance prejudiced her. Strickland v. Washington, 466 U.S. 668, 687-88, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). “Gross mischaracterizations of the likely outcome of the plea, combined with erroneous advice on the possible effects of going to trial, falls below the level of competence required for a defense attorney.” Torrey v. Estelle, 842 F.2d 234, 237 (9th Cir.1988). See also United States v. Couto, 311 F.3d 179, 187-88 (2d Cir.2002) (Where defendant has been affirmatively misled by counsel about the immigration consequences of her criminal proceedings, counsel’s performance may qualify as deficient under Strickland.). To show prejudice…