Nilesh Bharatkumar Kumar v. United States

To establish prejudice under Strickland v. Washington, 466 U.S. 668 (1984), a defendant who has pleaded guilty based on deficient advice from his attorney must show “a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” Hill v. Lockhart, 474 U.S. 52, 59 (1985). In the context of a noncitizen defendant with legal resident status and extended familial and property ties to the United States, the question that is of particular importance is whether the defendant failing to prove that a superior alternate plea agreement was available or not is fatal to showing prejudice. The Ninth Circuit in the instant case decided this important federal question in a way that conflicts with relevant decisions of this Court.