Legal Opinion

United States v. Orocio

Court of Appeals for the Third Circuit

Decided June 29, 2011No. 10-1231PublishedCited by 115 opinions

1Opinion of the Court

OPINION OF THE COURT

POLLAK, District Judge.

On October 7, 2004, pursuant to a plea agreement and on advice of counsel, Gerald Orocio pled guilty in the United States District Court for the District of New Jersey to one count of simple possession of a controlled substance in violation of 21 U.S.C. § 844(a). This 2004 conviction triggered removal proceedings initiated against Mr. Orocio some years later.1 Mr. Orocio then filed a petition for writ of error coram nobis in the District Court to challenge the plea conviction, arguing that his attorney’s failure to advise him of the immigration…

2Cases cited27 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Hill v. LockhartSupreme Court of the United States · 1985
  4. Teague v. LaneSupreme Court of the United States · 1989
  5. Padilla v. KentuckySupreme Court of the United States · 2010

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3Cited by115 opinions

  1. Chaidez v. United StatesSupreme Court of the United States · 2013
  2. Diop v. Ice/Homeland SecurityCourt of Appeals for the Third Circuit · 2011
  3. State v. GaitanSupreme Court of New Jersey · 2012
  4. State v. BrewsterNew Jersey Superior Court Appellate Division · 2013
  5. Torres, Ex Parte ManuelCourt of Criminal Appeals of Texas · 2016

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