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ZEMENE v. CLARKE

Record No. 140719.

768 S.E.2d 684 (2015)

Michael Berhane ZEMENE v. Harold CLARKE, Director, Virginia Department Of Corrections.

Supreme Court of Virginia.

February 26, 2015.

Attorney(s) appearing for the Case

Scott C. Seguin , Fairfax; Rachel Nadas ( Alia Al-Khatib ; Calder3n Seguin , on briefs), for appellant.

Leah A. Darron , Senior Assistant Attorney General ( Mark R. Herring , Attorney General, on brief), for appellee.

Present: LEMONS, C.J., GOODWYN, MILLETTE, MIMS, McCLANAHAN, and POWELL, JJ., and KOONTZ, S.J.

Opinion by Senior Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we consider whether the Circuit Court of Fairfax County erred in dismissing Michael Berhane Zemene's petition for writ of habeas corpus. The court dismissed Zemene's petition on the ground that he failed to establish actual prejudice resulting from his counsel's failure to advise him of the collateral consequences upon his immigration status of accepting a plea agreement. See Padilla...

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