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Ineffective Assistance of Counsel grounds to overturn conviction

The Ninth Circuit reversed the district court’s dismissal of a petition for a writ of error coram nobis, finding that the rule in United States v. Kwan—affirmative misrepresentations by defense counsel regarding immigration consequences of a conviction can constitute the basis for an ineffective assistance of counsel claim—survives Padilla v. Kentucky, is not controlled by Chaidez v. United States, and does not establish a new rule of criminal procedure. The court thus found that Kwan could be applied retroactively to support the petitioner’s ineffective assistance of counsel claim, and remanded for the district court to evaluate the merits of the petition.

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