United States v. Kerry Newman

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Appellant Kerry Newman seeks to vacate his conviction for federal wire fraud on the ground that his attorney failed to properly advise him about the immigration consequences of pleading guilty. The district court denied his request partly because it believed he was unable to show prejudice. For the reasons set forth below, we reverse and remand.

I

A Jamaican citizen, Kerry Newman became a lawful permanent resident of the United States in 1980. Many years later, in 2001, he pled guilty to one count of federal wire fraud for…