Blandis

Xiao Han v. Blandis

Good Law
191 F. App'x 584
United States Court of Appeals for the Ninth CircuitJuly 26, 2006No. 05-17314California268 words

Opinion

Lead Opinion

MEMORANDUM **

Xiao Han, a California state prisoner, appeals pro se from the district court’s judgment denying his petition for habeas corpus, brought under 28 U.S.C. § 2254 . We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(a). We review de novo a district court’s ruling on the merits of a habeas corpus petition. Sophanthavong v. *585 Palmateer, 378 F.3d 859, 866 (9th Cir.2004). We affirm.

Han contends that his trial counsel rendered ineffective assistance by affirmatively misinforming him of the potential deportation consequences of his plea agreement. After extensive evidentiary hearings, the state courts found that Han was adequately advised of the immigration consequences of his plea at the time of his plea. We deny habeas relief because Han has not rebutted this factual finding by clear and convincing evidence, see 28 U.S.C. § 2254 (e)(1); Sophanthavong, 378 F.3d at 867 , and further, because Han failed to demonstrate that his attorney’s advice fell below the wide range of professionally competent assistance. See Hill v. Lockhart, 474 U.S. 52, 58-59 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985); Strickland v. Washington, 466 U.S. 668, 700 , 104 S.Ct. 2052 , 80 L.Ed.2d…

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