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Carlos Donjuan v. United States
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 16-8096 · judgment January 3, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The U.S. Court of Appeals for the Tenth Circuit, in review, sustained the Federal District Court Judge's (FDDJ) denial of Petitioner's Petition for Writ of Error Coram Nobis to withdraw his guilty plea, and thus failed to allow the Petitioner to withdraw his guilty plea under Padilla v. Kentucky, 559 U.S. 356 (2010), and Strickland v. Washington, 466 U.S. 688, under circumstances which the guilty plea statutorily required the removal of an alien yet unauthorized to, but eligible to remain in the United States as a legal permanent resident of the United States with employment authorization, under 8 U.S. C. § 1229b(b)(1) INA § 240A(b)(1) Cancellation of Removal and Adjustment of Status of Certain Nonpermanent Residents, alien whose U.S.
Counsel of record
For petitioner
Carlos Donjuan
For respondent
Noel John Francisco
Jones Day
Case
Conference history
Distributed for 2 conferences
Proceedings
- Dec 03 2018Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
- Nov 07 2018DISTRIBUTED for Conference of 11/30/2018.
- Oct 22 2018Brief of respondent United States in opposition filed.
- Sep 12 2018Motion to extend the time to file a response is granted and the time is extended to and including October 22, 2018.
- Sep 11 2018Motion to extend the time to file a response from September 21, 2018 to October 22, 2018, submitted to The Clerk.
- Aug 22 2018Response Requested. (Due September 21, 2018)
- Jul 25 2018DISTRIBUTED for Conference of 9/24/2018.
- Jul 17 2018Waiver of right of respondent United States to respond filed.
- Apr 30 2018Petition for a writ of certiorari filed. (Response due August 1, 2018)