Nikolaev v. Weber

[¶ 1.] Iliya Nikolaev appeals the denial of habeas corpus relief contending the trial court violated his right to due process and his trial counsel was ineffective for failing to advise him of deportation consequences before he entered a guilty plea to third-degree rape. Because we hold that advisement of potential deportation consequences is collateral to a guilty plea we affirm.

FACTS

[¶2.] Nikolaev, age thirty-three, was charged with two counts of third-degree rape for having sexual contact with his fourteen-year-old niece. Nikolaev is a Russian immigrant. He was represented by attorney…