Sergio Cortes-Mendoza v. United States

Background: An Immigration Court ordered removal and exclusion from the United States because Petitioner pled guilty to and was convicted of the petty offense that he “did knowingly and willfully aid and abet the illegal entry of Mexican aliens ... by transporting them to further their entry into the United States” in violation of 8 U.S.C. § 1325 and 8 U.S.C. § 2(a). A-12. The Fifth Circuit affirmed the district court’s denial of a coram nobis writ of error, since Petitioner failed to show that the district court abused its discretion by applying laches and not ordering a hearing.

1. Did Congress’ 2004 rescinding Rule 9(a) of the Rules Governing Section 2254 Cases and Section 2255 Proceedings for the United States District Court spell the end of the “prejudicial delay” defense created by that rule?

2. Did the court of appeals err in affirming the laches finding of the district court when the Government merely pled its laches defense without showing prejudice to its ability to respond to Petitioner’s application was directly attributable to either Petitioner’s delay of nearly 20 months after first learning about coram nobis writ or his over 20 years delay after being sentenced?

3. Did Petitioner plead, proffer and provide sufficient evidence to prove his exceptions to laches’ application through his rehearing petition and brief