Dilang Dat v. United States

BENTON, Circuit Judge.

Dilang Nhial Dat pled guilty to robbery in violation of 18 U.S.C. §§ 1951 and 2. He moved to vacate his conviction under 28 U.S.C. § 2255 , claiming his counsel was ineffective by misadvising him about the immigration consequences of his guilty plea. The district court denied the motion without an evidentiary hearing. Dat appeals. Having jurisdiction under 28 U.S.C. §§ 1291 and 2253, this court reverses and remands.

I

Dat, a South Sudanese citizen, was born in 1993 at a refugee camp in Kenya after his parents fled Sudan. Admitted to the United States around 1994, he became…