December 6, 2012 – Citizen of Mexico receives coram nobis relief and a reduced sentence in assault case

Facts: A citizen of Mexico was arrested at his home and placed in removal proceedings. His immigration attorneys came to the firm for help with their client’s Maryland state court conviction for assault. The citizen of Mexico’s conviction rendered him ineligible for bond and most forms of relief because it was classified as an “aggravated felony” in the immigration context.

The Firm’s Representation: In this case, the firm worked collaboratively with our client’s immigration lawyers. The firm filed a coram nobis based on a violation of our client’s Sixth Amendment right to effective assistance of counsel – our client was never informed of the immigration consequences of his plea.

Outcome: On December 6, 2012, the judge granted the coram nobis and granted relief and reduced our client’s sentence for the charge of second degree assault to 364 days. Our client’s conviction could no longer be classified as an “aggravated felony.” As a result, our client can now apply for bond and he can apply for the relief of cancellation of removal.