Legal Opinion

United States v. Brigido Lopez-Chavez

Court of Appeals for the Ninth Circuit

Decided July 3, 2014No. 11-50277PublishedCited by 16 opinions

1Opinion of the Court

OPINION

OPINION REINHARDT, Circuit Judge:

Brigido Lopez-Chavez challenges his conviction for criminal reentry by making a collateral attack on his underlying removal order. He argues that his attorney in the immigration proceedings provided ineffective assistance of counsel in erroneously conceding his removability, failing to appeal the removal order to the Board of Immigration Appeals (“BIA”), and failing to petition the Seventh Circuit for review. He asserts that counsel’s ineffective performance was prejudicial because Lopez-Chavez’s state crime of conviction — possession of marijuana with…

2Cases cited36 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Knowles v. MirzayanceSupreme Court of the United States · 2009
  4. LOZADABoard of Immigration Appeals · 1988
  5. Moncrieffe v. HolderSupreme Court of the United States · 2013

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3Cited by16 opinions

  1. United States v. Edmundo Manriquez-AlvaradoCourt of Appeals for the Seventh Circuit · 2020
  2. Felix D. Guzman-Rivadeneira v. Loretta E. LynchCourt of Appeals for the Seventh Circuit · 2016
  3. F-R-ABoard of Immigration Appeals · 2022
  4. United States v. Castillo-MartinezCourt of Appeals for the First Circuit · 2021
  5. Brigido Lopez-Chavez v. Merrick B. GarlandCourt of Appeals for the Eighth Circuit · 2021

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