Gonzalez v. United States, No. 19-11182 (11th Cir. 2020)Annotate this Case
Petitioner filed a petition for a writ of error coram nobis, seeking to vacate his alien-smuggling conviction on the ground that he received ineffective assistance of counsel when deciding to plead guilty.
The Eleventh Circuit affirmed the district court's denial of the petition, holding that the district court did not abuse its discretion by denying the petition as untimely. The court held that the district court did not abuse its discretion by rejecting the magistrate judge's report and recommendation. The court also held that the district court did not err in ruling that petitioner failed to provide sound reasons for his delay from the time he learned of possible deportation consequences to file his petition—for a total of 20 months—because his petition was not ripe until October 2016 when removal proceedings officially commenced against him.