United States v. Donjuan

FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS January 3, 2018 Elisabeth A. Shumaker TENTH CIRCUIT Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 16-8096 (D.C. No. 1:11-CR-00169-NDF-1) CARLOS DONJUAN, (D.Wyo.) Defendant - Appellant. _______________________________________ ORDER AND JUDGMENT * _______________________________________ Before HARTZ, BALDOCK, and BACHARACH, Circuit Judges. ** ________________________________________ Defendant Carlos Donjuan appeals the denial of his petition for a writ of coram nobis, in which he seeks to set aside his 2011 guilty plea. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. ** This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. 32.1. I. In July 2011, a grand jury in the District of Wyoming indicted Defendant, a Mexican national unlawfully present in the United States, with knowingly using an unauthorized permanent resident card and an unauthorized social security card, in violation of 18 U.S.C. § 1546(b)(1). In September 2011, Defendant pled guilty to the charge. Notably, the record is silent as to whether counsel advised Defendant of the consequences of pleading guilty. At the plea hearing, the district court, however, warned Defendant of the adverse consequences to pleading guilty, including the risk of deportation: “[I]n addition . . . , there would be adverse consequences upon your ability to remain in the United States, and there would likely be adverse consequences as to your ability to obtain lawful reentry at a later time. You understand this?” Def. Corrected App’x at 28. Defendant responded, “Yes.” Id. During the same hearing, the court asked, “Apart from the plea agreement . . . , have you been promised anything . . . to get you to plead guilty?” Id. at 34. Defendant replied, “No.” Id. The court inquired, “And you’ve discussed the making of this plea with your counsel, Mr. Weiss?” Id. at 35. Defendant responded, “Yes.” Id. The court continued, “And you’re satisfied with Mr. Weiss’ representation?” Id. Defendant responded, “Yes.” Id. Satisfied that Defendant knowingly and voluntarily pled guilty, the district court sentenced Defendant in October 2011 to time served, plus up to ten days to allow time for deportation. The district court recommended the Department of Homeland Security (DHS) begin removal 2 proceedings during service of Defendant’s sentence. Defendant never appealed his conviction. That same month, DHS took Defendant into custody and began immigration removal proceedings. This was not Defendant’s first interaction with DHS. DHS had served Defendant in July 2011 with a Notice to Appear before the Immigration Court, charging him under 8 U.S.C. § 1182(a)(6)(A)(I) with being unlawfully present in ...

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals