U.S. v. KWAN

No. 03-50315.

407 F.3d 1005 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Kwok Chee KWAN, aka Jeff Kwan, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 12, 2005.

Attorney(s) appearing for the Case

David Ross, Ross, Rose & Hammill, LLP, Beverly Hills, CA, for the defendant-appellant.

John Owens, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Before: B. FLETCHER, NOONAN, and PAEZ, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge:

Kwok Chee Kwan appeals the district court's dismissal of his petition for writ of error coram nobis. Kwan's petition collaterally attacks his conviction by guilty plea and his sentence on the ground of ineffective assistance of counsel. Because we find that Kwan's counsel was constitutionally ineffective in affirmatively misleading him as to the immigration consequences of his conviction, and that Kwan has satisfied all of the requirements...

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