Chhabra v. United States
720 F.3d 395
2d Cir.2013Background
- Chhabra is a lawful permanent resident and physician who pled guilty to one count of Medicare kickbacks and one count of income tax evasion under a superseding information.
- The Plea Agreement acknowledged potential deportation consequences and that sentencing was within the court's discretion, with cooperation conditions and potential § 5K1.1 motions.
- Chhabra cooperated with the government; PSR and sentencing occurred in 2003, noting deportation consequences from the tax offense as an aggravating felony.
- In 2006 he was detained by immigration officials; removal proceedings were initiated in 2007; cancellation of removal was denied, and the Board affirmed in 2010.
- Chhabra filed a petition for writ of error coram nobis on February 5, 2009 alleging ineffective assistance of counsel regarding immigration consequences; the district court denied as untimely and without merit after an evidentiary hearing.
- The Second Circuit affirmed, holding the petition untimely and that counsel’s performance, including pre-plea immigration advice and referral to immigration counsel, was not deficient to the degree required for relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether coram nobis petition was timely filed | Chhabra | District court: untimely; timeliness governed by delay from awareness to filing | Untimely; timely-plausible reasons not shown |
| Whether there was ineffective assistance regarding deportation advice | Chhabra asserted counsel wrongly advised no deportation risk without incarceration | Counsel referred to immigration counsel; advice not deficient overall | No IAC; advice within objective standard given proper referral and accurate information |
| Whether failure to advise withdrawal of plea was prejudicial | Hoffman should have advised withdrawal to avoid deportation | Petitioner would not have accepted withdrawal; evidence shows no likely trial benefit | No prejudice; withdrawal would not have occurred and plea bargain benefited petitioner |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (2010) (Sixth Amendment deportation-advise rule later narrowed by Chaidez)
- Chaidez v. United States, 133 S. Ct. 1103 (2013) (Padilla not retroactive for post-finality collateral review)
- United States v. Couto, 311 F.3d 179 (2d Cir. 2002) (IAC plea-issues; prejudice inquiry on potential trial)
- Hill v. Lockhart, 474 U.S. 52 (1985) (IAC standard for guilty-plea cases; two-prong test)
- Strickland v. Washington, 466 U.S. 668 (1984) (Two-prong test for ineffective assistance of counsel)
- Arteca v. Meachum, 411 F.3d 315 (2d Cir. 2005) (Plea IAC prejudice factors; sentencing considerations)
- Frye v. United States, 132 S. Ct. 1399 (2012) (Plea negotiations and defense counsel duties)
- Foont v. United States, 78 F.3d 58 (2d Cir. 1996) (Timeliness and extraordinary remedy limits)
- Morgan v. United States, 346 U.S. 502 (1954) (Coram nobis relief; justice requires compelling reasons)
- Bennett v. United States, 663 F.3d 71 (2d Cir. 2011) (Clarifies standard for mixed questions of law and fact on IAC)