United States v. Isan Contant

ALD-179 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________ No. 18-1268 ____________ UNITED STATES OF AMERICA v. ISAN CONTANT, Appellant __________________________________ On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Crim. No. 1-10-cr-00355-001) District Judge: Yvette Kane __________________________________ Submitted for Possible Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 April 12, 2018 Before: MCKEE, VANASKIE, and SCIRICA, Circuit Judges (Opinion filed: June 20, 2018) ____________ OPINION* ____________ PER CURIAM Isan Contant appeals from an order of the District Court denying his third petition for writ of error coram nobis. For the reasons that follow, we will summarily affirm. Contant, a native and citizen of Trinidad and Tobago, was placed in removal proceedings pursuant to 8 U.S.C. § 1227(a)(1) as an alien who had overstayed his visa. The charge was sustained and, in 2010, an Immigration Judge ordered his removal from the United States, after concluding that he was ineligible for relief from removal. The Board of Immigration Appeals upheld that decision on appeal on September 10, 2010. Contant then filed a motion to reopen with the Board, which was denied on November 8, 2010. In November 2010, the Government attempted twice to remove Contant but he thwarted those efforts. As a result, he was charged in the United States District Court for the Middle District of Pennsylvania with hindering his removal in violation of 8 U.S.C. § 1253(a)(1)(C). He was convicted and sentenced to a term of imprisonment of 14 months. In August 2011, we denied Contant’s consolidated petitions for review, see Contant v. Att’y Gen. of U.S., 441 F. App’x 105 (3d Cir. 2011). In December 2011, Contant was released from the Federal Bureau of Prisons, having served his federal sentence. Sometime around February 8, 2012, he was removed from the United States to Trinidad and Tobago, where he remains. In April 2012, we affirmed the criminal judgment pertaining to the hindering removal conviction, see United States v. Contant, 467 F. App’x 141, 143 (3d Cir. 2012). On October 25, 2013, the Board of Immigration Appeals reopened Contant’s removal proceedings and remanded the matter to the Immigration Judge for additional proceedings based on Contant’s receipt of a Notice of Action by the United States Citizenship & Immigration Services dated January 2012. The proceedings before the IJ eventually were terminated without prejudice, pending Contant’s return to the United States. 2 The Board’s October 25, 2013 order fueled two unsuccessful coram nobis challenges by Contant to have his hindering removal conviction overturned. The District Court denied both petitions, Contant appealed, and in both instances we affirmed, see United States v. Contant, 638 F. App’x 146, 148 (3d Cir. 2016), and United States v. Contant, 679 F. App’x 95 (3d Cir. 2017). Among other things, we held that, at the time of his criminal indictment and conviction for hindering his removal, a valid order of removal was in place and that the reopening of his removal proceedings in 2013 ...

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