Is there any evidence in the record to support Hui's claim that his attorney misled him regarding his parole eligibility?

There is no evidence in the record, however, directly refuting Hui's claim that his attorney misled him regarding his parole eligibility. The possibility of parole was not mentioned either at the hearing or in the plea agreement. Thus, it appears that Hui's factual allegations regarding his attorney's alleged misrepresentations regarding his parole eligibility were not conclusively refuted by the record. See, e.g., Baumann v. United States, 692 F.2d 565, 580-81 (9th Cir.1982) (nonfrivolous, specific allegations of attorney misconduct that allegedly occurred outside the courtroom cannot be rejected by reference to petition and record).