Saturday, July 26, 2008

Paredes: Pending Coram Nobis Petition Does Not Stop Use of Conviction in Immigration Court

Paredes v. Mukasey
No. 07-1402
June 9, 2008
Judges Barry, Stapleton, and (Chief Judge of the US Court of International Trade) Restani
Opinion by Judge Restani

The question is whether someone can be deported for convictions where there are still petitions for writs of error coram nobis pending. Here, someone had two convictions and did not appeal them but instead filed petitions for writs of error coram nobis.

The Third Circuit agreed with the BIA and IJ Riefkohl that a conviction is final and can be used to deport someone after direct appellate review of the conviction has been exhausted or waived. Because a petition for writ of error coram nobis is not a direct appeal, the conviction has a sufficient degree of finality that it can be used for immigration purposes. This is similar to how other circuit courts have ruled.

The lawyer for the petitioner was John J. Garzon of Sunnyside, NY.
Lawyers for OIL included: Richard M. Evans, Paul Fiorino, Michelle G. Latour, and Michele Y.F. Sarko.


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