In 2009, Chaidez sought to overturn her conviction on the ground her trial attorney never informed her that deportation was a potential consequence of her guilty plea. She later said she was entitled to relief under the high court's 2010 ruling.
But a federal appeals court rejected her request. It said the 2010 decision did not announce a new rule that would apply retroactively, but simply applied the existing standard for ineffective assistance of counsel to a new factual scenario.
The Supreme Court is expected to hear arguments in the case during its upcoming term that begins in October, with a decision likely early next year.
The Supreme Court case is Roselva Chaidez v. United States, No. 11-820.
(Reporting By James Vicini; Editing by Philip Barbara)