FARHANE v. UNITED STATES

No. 20-1666 August Term 2021.

77 F.4th 123 (2023)

Abderrahmane FARHANE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee

United States Court of Appeals, Second Circuit.

Decided: August 11, 2023.


Attorney(s) appearing for the Case

Ramzi Kassem ( Naz Ahmad , Princess Masilungan , Mudassar Toppa , on the brief), CLEAR Clinic, Main Street Legal Services, Inc., CUNY School of Law, Long Island City, NY; Alan E. Schoenfeld , Margaret T. Artz , Paloma Naderi , on the brief, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY, for Petitioner-Appellant Abderrahmane Farhane.

Jun Xiang ( Karl Metzner , on the brief), Assistant United States Attorneys, for Audrey Strauss , United States Attorney for the Southern District of New York, New York, NY, for Respondent-Appellee United States of America.

Joel B. Rudin , Matthew A. Wasserman , Haran Tae , on the brief, National Association of Criminal Defense Lawyers, New York, NY, and Law Offices of Joel B. Rudin, P.C., New York, NY; Timothy P. Murphy , on the brief, New York State Association of Criminal Defense Lawyers, Albany, NY, for amici curiae National Association of Criminal Defense Lawyers and New York State Association of Criminal Defense Lawyers.

Andrew Z. Michaelson , Ana V.B. Daily , Kathryn R. Barry , on the brief, King & Spalding LLP, New York, NY; John C. Yang , Niyati Shah , Marita Etcubañez , on the brief, Asian Americans Advancing Justice, Washington, DC, for amicus curiae Asian Americans Advancing Justice.

Andrew D. Silverman , Daniel A. Rubens , Alyssa Barnard-Yanni , Lauren Weber , on the brief, Orrick, Herrington & Sutcliffe LLP, New York, NY, Seattle, WA, Washington, DC, for amici curiae Professors of Criminal Law, Criminal Procedure, Immigration Law, and Legal Ethics.

Manuel D. Vargas , Marie Mark , Nabilah Siddiquee , Leila Kang , on the brief, Immigrant Defense Project, New York, NY, for amicus curiae Immigrant Defense Project.

Judge Carney dissents in a separate opinion.


Abderrahmane Farhane appeals from the denial in the United States District Court for the Southern District of New York (Loretta A. Preska, J.) of his habeas petition to vacate his 2006 guilty plea, conviction, and sentence. Farhane asserts that he received ineffective assistance of counsel because his lawyer...

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