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Univ. of San Diego School of Law

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Sunday, May 15, 2005

9th Circuit Grants Coram Nobis on Ineffective Assistance Re: Deportation Advice

In United States v. Kwan (9th Cir. May 12, 2005) (Fletcher, Noonan, Paez), the Ninth Circuit vacated a fraud conviction using the rare writ of error coram nobis.  Ordinary collateral remedies were unavailable because Kwan was not in custody, having served his sentence.  The basis of the argument was that Kwan was a lawful permanent resident who was told that that deporation was "not a serious possibility" when in fact the crime was an "aggravated felony" making deportation almost automatic. Opinion here. [Jack Chin; thanks to Margy Love]

http://lawprofessors.typepad.com/crimprof_blog/2005/05/9th_circuit_gra.html

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Tracked on May 19, 2005 4:19:41 PM