Opinion
No. 11-56605 D.C. No. 3:10-cv-01528-JAH
08-01-2013
MARIA DEL RIO ROCIO JIMINEZ, Petitioner - Appellant, v. ERIC H. HOLDER, Jr., Attorney General and LAURA DUFFY, U.S. Attorney, Southern District, San Diego, Respondents - Appellees.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Southern District of California
John A. Houston, District Judge, Presiding
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Maria Del Rio Rocio Jiminez appeals from the district court's judgment denying her 28 U.S.C. § 2241 habeas petition. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Singh v. Holder, 638 F.3d 1196, 1202 (9th Cir. 2011), and we affirm.
Jiminez challenges her 2009 guilty-plea conviction on the ground that counsel was ineffective by failing to inform her of the possible immigration consequences of her plea, as required under Padilla v. Kentucky, 130 S. Ct. 1473 (2010). However, because Jiminez's conviction became final before the Supreme Court decided Padilla, she cannot rely on that case to establish that counsel performed deficiently. See Chaidez v. United States, 133 S. Ct. 1103, 1113 (2013) (holding that Padilla does not apply retroactively). Moreover, Jiminez cannot demonstrate prejudice because she was informed of the possible immigration consequences by the plea agreement and at the plea colloquy. See Lafler v. Cooper, 132 S. Ct. 1376, 1384 (2012) (to establish prejudice, "a defendant must show the outcome of the plea process would have been different with competent advice").
AFFIRMED.