United States v. Kroytor, No. 19-16459 (9th Cir. 2020)
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The Ninth Circuit affirmed the district court's denial of a petition for writ of error coram nobis brought by petitioner, a lawful permanent resident from Canada, who pleaded guilty to health care fraud and was convicted in 2005. The government seeks to remove petitioner from the United States because his conviction is an aggravated felony.
In this case, the panel held that petitioner is not entitled to coram nobis relief because, after learning that the only way he could avoid removal was to challenge his conviction, he waited two years, without a valid reason, before filing his petition for writ of error coram nobis. The panel specifically held that uncertainty or ambiguity in the law is not itself a valid reason to delay seeking coram nobis relief.
Court Description: Coram Nobis. The panel affirmed the district court’s denial of a petition for a writ of error coram nobis brought by Yuly Kroytor, a lawful permanent resident from Canada, who pleaded guilty to health care fraud and was convicted in 2005. The government seeks to remove Kroytor from the United States because his conviction is an aggravated felony. In 2016, Kroytor filed the coram nobis petition, seeking to withdraw his guilty plea because the attorney who represented him at sentencing provided ineffective assistance by misadvising him that he could not withdraw his plea but could prevent immigration officials from finding out about his conviction and thereby avoid removal. The panel held that Kroytor is not entitled to coram nobis relief because, after learning that the only way he could avoid removal was to challenge his conviction, he waited two years, without a valid reason, before filing his petition for a writ of error coram nobis. The panel held specifically that uncertainty or ambiguity in the law is not itself a valid reason to delay seeking coram nobis relief. UNITED STATES V. KROYTOR 3
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