Ragbir v. United States, No. 19-1282 (3d Cir. 2020)Annotate this Case
Ragbir, a green card holder from Trinidad and Tobago, was convicted of mortgage fraud in 2000. On his attorney’s advice, Ragbir agreed that the actual loss was $350,000-$500,000, believing that his convictions alone made him deportable. The Third Circuit affirmed Ragbir’s convictions and sentence. Ragbir never sought post-conviction relief. DHS commenced removal proceedings. Ragbir then learned that his stipulation to a loss of more than $10,000 made him deportable. Ragbir’s immigration counsel represented that an attorney would be hired to attempt to vacate the underlying convictions. Ragbir still did not pursue a collateral attack. The IJ ordered him removed; the BIA and Second Circuit upheld the decision. In the meantime, Ragbir married an American citizen and obtained an immigrant visa. The BIA denied a motion to reopen. DHS eventually elected not to renew its discretionary stay of removal. Ragbir then challenged his detention, asserting that his conviction should be overturned because jury instructions given at his trial were erroneous in light of later Supreme Court rulings and asserting ineffective assistance of counsel. The Third Circuit affirmed the denial of the petition. Ragbir had the ability to bring all his claims at least six years before his 2012 petition for coram nobis. He provides no sound reason for his delay.