where the petitioner is in custody under the conviction or sentence under attack at the time his petition is filed). In addition, we agree with the Commonwealth that to the extent that due process guarantees an opportunity to be heard on her ineffectiveness claim, Petitioner was afforded an opportunity to be heard within the limitations imposed by the PCRA under the facts of this case: she was sentenced January 14, 2008; declined to raise her ineffectiveness claims on direc't appeal pursuant to Bomar; filed a PCRA petition on January 12, 2009; and raised the claim on which the PCRA court ultimately granted relief a mere eleven days prior to the expiration of her two-year probationary sentence. During the two years of her sentence, PCRA relief was available. See Ahlborn, 699 A.2d at 720 (<HOLDING>). Yet Petitioner neither requested expedited
holding that the denial of pcra relief cannot stand unless the petitioner was afforded the assistance of counsel holding that under section 9543a1 a pcra petitioner is not eligible for relief where the petitioner has completed serving the sentence before final adjudication on the petition holding pcra statute requires that petitioner must be currently serving sentence of imprisonment parole or probation on underlying crime not only when petition is filed but also when decision on petition is rendered holding that the plain language of this section requires the denial of relief for a petitioner who has finished serving his sentence holding the bia did not abuse its discretion in finding petitioner did not satisfy the procedural requirements for his motion in part because petitioner failed to submit a completed application for relief