Abderrahmane FARHANE, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued en banc: May 22, 2024.
Decided: October 31, 2024.
Attorney(s) appearing for the Case
Ramzi Kassem (Naz Ahmad, Mudassar Toppa, CLEAR Project, Main Street Legal Services, Inc., CUNY School of Law, Long Island City, NY; Alan E. Schoenfeld, Emily Barnet, Sandra Redivo, Trena M. Riley, Dylan Reichman, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY; Thad Eagles, Jeremy W. Brinster, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC; Asma S. Jaber, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, on the brief), for Petitioner-Appellant Abderrahmane Farhane.
Karl Metzner (Jun Xiang, Hagan Scotten, on the brief), for Damian Williams, United States Attorney for the Southern District of New York, New York, NY, for Respondent-Appellee United States of America.
John C. Yang, Niyati Shah, Marita Etcubañez, Asian Americans Advancing Justice, Washington, DC; Andrew Z. Michaelson, Mateo de la Torre, King & Spalding LLP, New York, NY, for Amicus Curiae Asian Americans Advancing Justice in Support of Petitioner-Appellant Abderrahmane Farhane.
Andrew Wachtenheim, Nabilah Siddiquee, Immigrant Defense Project, New York, NY, for Amicus Curiae Immigrant Defense Project in Support of Petitioner-Appellant Abderrahmane Farhane.
Joel B. Rudin, Matthew A. Wasserman, National Association of Criminal Defense Lawyers, New York, NY; Richard D. Willstatter, New York State Association of Criminal Defense Lawyers, White Plains, NY; S. Isaac Wheeler, Federal Defenders of New York, Inc., New York, NY, for Amici Curiae National Association of Criminal Defense Lawyers, New York State Association of Criminal Defense Lawyers, Federal Defenders of New York, Inc., Federal Public Defender's Office for the Western District of New York, Office of the Federal Public Defender for the District of Connecticut, Office of the Federal Public Defender for the District of Vermont, and Office of the Public Defender for the Northern District of New York in Support of Petitioner-Appellant Abderrahmane Farhane.
Alyssa Barnard-Yanni, Andrew D. Silverman, Daniel A. Rubens, Orrick, Herrington & Sutcliffe LLP, New York, NY; Lauren A. Weber, Orrick, Herrington & Sutcliffe LLP, Seattle, WA, for Amici Curiae Professors of Criminal Law, Criminal Procedure, and Immigration Law in Support of Petitioner-Appellant Abderrahmane Farhane.
Nardini, J., filed a dissenting opinion.
Carney, Circuit Judge:
In these en banc proceedings, we consider whether a naturalized United States citizen has a Sixth Amendment right to be advised by counsel that he may be denaturalized and deported as a result of his entry of a guilty plea. In its 2010 decision in Padilla v. Kentucky,559 U.S. 356,
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