19-1554-cr United States v. Herrera-Cleto UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 9th day of December, two thousand twenty. PRESENT: ROBERT D. SACK, DENNY CHIN, RAYMOND J. LOHIER, JR., Circuit Judges. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x UNITED STATES OF AMERICA, Appellee, -v- 19-1554-cr YORDANIA HERRERA-CLETO, Defendant-Appellant. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x FOR APPELLEE: RAJIT S. DOSANJH, Assistant United States Attorney, for Grant C. Jaquith, United States Attorney for the Northern District of New York, Syracuse, New York. FOR DEFENDANT-APPELLANT: ELIZABETH M. JOHNSON, Law Office of Elizabeth M. Johnson, New York, New York. Appeal from the United States District Court for the Northern District of New York (McAvoy, J.). UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Defendant-appellant Yordania Herrera-Cleto appeals the district court's decision and order, entered April 9, 2019, denying her petition for a writ of error coram nobis. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal. In April 2014, Herrera-Cleto was charged with the offense of bringing an alien into the country in violation of 8 U.S.C. ยง 1324(a)(2)(A). On August 5, 2014, Herrera-Cleto appeared before a magistrate judge to plead guilty to the charged offense. At the hearing, the magistrate judge called for a break to allow Herrera-Cleto to speak with her attorney regarding her plea. Following the break, her attorney stated for the record that the deportation consequence of Herrera-Cleto's sentence "was not a concern of hers [that day]," that they had "been working with an immigration attorney," and that "a plea of guilty to this particular charge would make her deportable, although it doesn't necessarily mean she would be deported." App'x at 46. The record contains a letter from an immigration attorney informing Herrera-Cleto's criminal defense 2 ...
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