Wednesday, May 23rd, 2018

Habeas / Coram Nobis Victory in Indiana: Montes-Flores v. USA

"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 failure to inform Montes-Flores that a conviction under § 1001 would result in presumptively mandatory deportation. … To avoid this situation in the future, defense counsel, counsel for the government, and the Court can all benefit from learning the valuable lessons of this case.  Defense counsel must read Padilla v. Kentucky, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010) and become familiar with the circumstances under which 8 U.S.C. § 1227 renders a convicted defendant presumptively deportable.  As Padilla holds, when the deportation consequences are truly clear, the duty of counsel to give correct advice is equally clear. 130 S. Ct. at 1483.  The lesson for counsel for the Government is to include language in plea