United States Second Circuit

Judgment denying the petition for a writ of error coram nobis to vacate defendant's 1999 guilty plea to misprision of felony is reversed and remanded, where: 1) no reasonable jurist could find a defense counsel's affirmative misadvice as to the immigration consequences of a guilty plea to be objectively reasonable; 2) petitioner demonstrates prejudice because he has sufficiently shown that he could have negotiated a plea that would not have impaired his immigration status, and that even if he could not, he would have litigated an available defense; and 3) the petition was timely.

Appellate Information

• Decided 03/03/2014
• Published 03/03/2014

Judges

• JACOBS

Court

• United States Second Circuit

Counsel