CDCR

(HC) Khatkar v. CDCR

Good Law
United States District Court, Eastern District of CaliforniaMarch 5, 20202:14-cv-00079California10,254 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 NARINDER SINGH KHATKARH, No. 2:14-cv-0079 KJM KJN P Petitioner, v. ORDER XAVIER BECERRA, Attorney General of California,1 14 Respondent.

16 Petitioner is a former state prisoner, proceeding through counsel. In a habeas petition, petitioner challenges the legality of his 2009 conviction for assault with a firearm, claiming that, because he suffered ineffective assistance of counsel, he unwittingly entered a no contest plea to an offense constituting an aggravated felony without understanding the consequences. The aggravated felony ultimately rendered him deportable, and he is currently subject to a final order of deportation with the high likelihood he will be deported upon his next

1 As discussed at the end of this order, that petitioner is not incarcerated for this offense does not moot the petition. See Spencer v. Kemna, 523 U.S. 1, 8–12 (1998) (courts may presume criminal conviction has continuing collateral consequences sufficient to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.