Block on Trump's Asylum Ban Upheld by Supreme Court
District court order dismissing plaintiff's petition to vacate, set aside, or correct his sentence on the basis of ineffective assistance of counsel is affirmed where appellate counsel's failure to raise a claim that he had the right to counsel at the plea-withdrawal stage was not objectively unreasonable or the cause of any prejudice.
Appeal from the United States District Court for the Western District of New York.
Argued: June 25, 2009
Decided: July 30, 2009
Before PARKER and WESLEY, Circuit Judges, TSOUCALAS, Judge.
Opinion by SCHALL, Circuit Judge.
Dissenting opinion filed by Circuit Judge NEWMAN
For Appellant: Eleanor Jackson Piel, New York, NY.
For Appellee: Frank H. Sherman, Office of the United States Attorney for the Western District of New York, Rochester, NY.