United States v. Elizabeth Rodriguez-Vega

OPINION

REINHARDT, Circuit Judge:

Elizabeth Rodriguez-Vega appeals the magistrate judge’s denial of her 28 U.S.C. § 2255 petition 1 to vacate her conviction of misdemeanor Attempted Transportation of Illegal Aliens in violation of 8 U.S.C. § 1324(a)(2)(A). She asserts that she was deprived of effective assistance of counsel because her attorney failed to advise her that her plea agreement rendered her removal a virtual certainty, and that the court erred in dismissing her petition without holding an evidentiary hearing. We hold that the district court did not abuse its discretion in failing to…