Does Respondent have sufficient grounds to deny an ineffective assistance claim?

Respondent counters by arguing that this aspect of petitioner's ineffective assistance claim remains unexhausted. Putting aside the exhaustion issue, however, this aspect of petitioner's ineffective assistance claim clearly lacks merit. See 28 U.S.C. 2254(b)(2). Of course, a district court may deny an unexhausted claim on the merits notwithstanding a petitioner's failure to exhaust available state court remedies when it is perfectly clear that the claim is not "colorable." Cassett v. Stewart, 406 F.3d 614, 624 (9th Cir. 2005).