A remedy aside from Mandamus is Coram Nobis to correct immigration injustice.
Under federal court rules a petitioner must prove:
- the circumstances requiring this remedy to bring about a just result;
- why relief is not otherwise available; and that a
- petitioner continues to suffer legal consequences from a conviction
that may only be remedied by this remedy. For example, where a conviction has already occurred and there were errors in the acceptance of the plea and the time to appeal has expired, this route is available to correct an injustice. The petitioner must show that there was an error of fact at the time of the conviction and that the petitioner did not know of this mistake until it was too late to appeal or apply for a new trial. Then Coram Nobis may be applied to correct this injustice. If the petition is granted, the conviction will be voided.
Our office once corrected a conviction that was entered more than 10 years before. Coram Nobis enables a Court to vacate its judgment of conviction and sentence even after the sentence has been served. This remedy is used to right a wrong and bring about a just result.
A Coram Nobis petition can reverse a plea of guilty where a lawyer had not explained the immigration consequence of the guilty plea. Based on the circumstances existing, to achieve justice this remedy is appropriate if the Petitioner shows a sound reason for a failure to seek a remedy earlier; and that the petitioner continues to be under threat of deportation and that the Court believes that granting this remedy is just.
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