No. 19-617

Nekebwe Superville v. United States

Lower Court: Second Circuit
Docketed: 2019-11-14
Status: Denied
Type: Paid
Response Waived
Tags: aggravated-felony attorney-misadvice deportation Padilla-v-Kentucky plea-agreement will equivocal-warnings 28-usc-2255 criminal-procedure deportation-consequences immigration ineffective-assistance ineffective-assistance-of-counsel judicial-warning plea-agreement plea-bargaining strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus Immigration
Latest Conference: 2019-12-13
Question Presented (AI Summary)

When conducting an analysis under 28 U.S.C. § 2255(f) and Strickland v. Washington, will equivocal warnings given by a judge pursuant to Fed. R. Crim. P. 11 and/or boilerplate language contained in a plea agreement cure an attorney's affirmative misadvice to a defendant about the mandatory nature of deportation upon a plea to an aggravated felony

Question Presented (OCR Extract)

QUESTION PRESENTED In Padilla v. Kentucky, 559 U.S. 356 (2010), the Court held that when the immigration consequence of pleading guilty to a crime is “truly clear,” an attorney’s duty to correctly inform the defendant of that consequence is “equally clear.” Jd. at 369. Thus, an attorney’s failure to advise a defendant that deportation is mandatory upon a plea to an aggravated felony is constitutionally ineffective assistance under Strickland v. Washington, 466 U.S. 668 (1984). Circuit Courts have split on whether an attorney’s affirmative misadvice about the mandatory nature of deportation upon pleading guilty to an aggravated felony can be cured by general warnings from a judge or the prosecution. The question presented in this petition is the following: When conducting an analysis under 28 U.S.C. § 2255(f) and Strickland v. Washington, will equivocal warnings given by a _ judge pursuant to Fed. R. Crim. P. 11 and/or boilerplate language contained in a _ plea agreement cure an_ attorney’s affirmative misadvice to a defendant about the mandatory nature of deportation upon a plea to an aggravated felony.

Docket Entries

2019-12-16
Petition DENIED.
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-11-19
Waiver of right of respondent United States of America to respond filed.
2019-11-12
Petition for a writ of certiorari filed. (Response due December 16, 2019)

Attorneys

Nekebwe Superville
Vinoo P. VargheseVarghese & Associates, P.C., Petitioner
Vinoo P. VargheseVarghese & Associates, P.C., Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent