Block on Trump's Asylum Ban Upheld by Supreme Court
District court order denying petitioner's motion to vacate his conviction on grounds that the government violated his rights under Article 36 of the Vienna Convention on Consular Relations is affirmed where the court properly concluded that petitioner's claim was procedurally barred as petitioner raised the argument for the first time and claims cannot be raised for the first time in a motion to vacate if they could have been raised at trial or on direct appeal, and petitioner also failed to show he suffered prejudiced by the denial. Plaintiff's certificate of appealability cannot be expanded to include a claim that his trial counsel was ineffective as plaintiff cannot show that reasonable jurists could debate whether his trial attorney provided ineffective assistance of counsel by eliciting the testimony in question.
Appeal from the United States District Court for the Central District of Illinois..
Argued: April 17, 2009
Decided: July 31, 2009
Before FLAUM, EVANS, and WILLIAMS, Circuit Judges.
Opinion by WILLIAMS, Circuit Judge.