Some states limit the use of this appeal to mistakes the counsel made at trial.
In Strickland v. Washington (1984), the Supreme Court of the United States established that failure to inform a defendant of the direct consequences of a sentence qualifies as ineffective assistance of counsel, but failure to inform of collateral consequences of criminal charges does not. All immigration related consequences are considered collateral.
Having the benefit of counsel or assistance of counsel means that the party (defendant) has had a competent attorney representing him or her.
Splitting Hairs in Ineffective Assistance of Counsel Cases: An Essay on How Ineffective Assistance of Counsel Doctrine Undermines the Prohibition Against Executing the Mentally Retarded
Jul 01, 2004; A favored mode of analysis in talmudic studies is called "pilpul,"1 similar to the Hebrew word "pilpel"-pepper, connoting...
State V. Grier and the Erroneous Adoption of the "Punishment-Based" Standard of Review for Ineffective Assistance of Counsel Claims Based on All-or-Nothing Strategies
Aug 01, 2010; Abstract: In June 2009, the Washington State Court of Appeals, Division II, reversed Kristina Grier's second-degree murder...