Immigration Law

Recent Posts

Coram Nobis Victory: Nguyen v. USA
Posted on 29 Sep 2021 by Daniel M. Kowalski

Nguyen v. USA "Petitioner Tien Nguyen, a Vietnamese national, pled guilty in 1997 to possession of counterfeit securities. In 2017, Nguyen filed a Petition for Coram Nobis, Audita Querela, or Other Appropriate Relief (Dkt. No. 111) (the "Petition"... Read More

CA2 Slams Feds in Coram Nobis Writ: Doe v. US
Posted on 16 Feb 2019 by Daniel M. Kowalski

Doe v. US "The petition argues that Doe’s defense counsel was ineffective in affirmatively assuring him that there should be no immigration consequences for pleading guilty when, in fact, the crime to which he pleaded was an aggravated felony... Read More

Habeas / Coram Nobis Victory in Indiana: Montes-Flores v. USA
Posted on 12 Feb 2013 by Daniel M. Kowalski

"For the reasons explained in this Entry, the motion of Sandra Montes-Flores for relief pursuant to 28 U.S.C. § 2255 or, in the alternative, for a writ of error coram nobis, must be granted. ... Montes-Flores was prejudiced by counsel's... Read More

CA2 on Coram Nobis, Strickland, Prejudice: Kovacs v. U.S.
Posted on 3 Mar 2014 by Daniel M. Kowalski

"We conclude that a defense lawyer’s incorrect advice about the immigration consequences of a plea is prejudicial if it is shown that, but for counsel’s unprofessional errors, there was a reasonable probability that the petitioner could... Read More

CA9 on IAC, Coram Nobis, Padilla, Teague: USA v. Chan
Posted on 10 Jul 2015 by Daniel M. Kowalski

"Appellant Maureen Elaine Chan, a/k/a Maureen Ridley (“Chan”), appeals the district court’s dismissal of her petition for a writ of error coram nobis. This case requires us to determine the retroactivity of our prior decision in... Read More

CA4 on Coram Nobis, Ineffective Assistance: U.S. v. Akinsade
Posted on 27 Jul 2012 by Daniel M. Kowalski

"Appellant Temitope Akinsade appeals the district court’s denial of his petition for writ of error coram nobis pursuant to 28 U.S.C. § 1651 claiming that he was denied effective assistance of counsel when he plead guilty to embezzlement... Read More

Judge Asks Napolitano to Do the Right Thing
Posted on 27 Nov 2012 by Daniel M. Kowalski

"A man who fears his cooperation with a narcotics prosecution in the 1980s will get him killed now that he has been deported to his native Macedonia has lost his attempt to have his guilty plea thrown out. Adnan Asan pleaded guilty to a lesser charge... Read More