3d Cir. Holds Padilla Applies Retroactively

Petitioner appealed denial of his 2255 claim that his counsel was ineffective in failing to advise him of the immigration consequences of his guilty plea. Petitioner's 2004 federal conviction triggered removal proceedings. On appeal, the Third Circuit held that the Supreme Court's 2010 holding in Padilla v. Kentucky, 130 S. Ct. 1473 (2010) is retroactively applicable on collateral review and vacated Orocio's judgment. U.S. v. Orocio, No. 1231 (3d Cir. June 29, 2011).