Legal Opinion

Heung Wah Wong v. Ashcroft

District Court, S.D. New York

Decided May 10, 2005No. 04 CIV. 4036(DC)Published

1Opinion of the Court

MEMORANDUM DECISION

CHIN, District Judge.

This habeas case, brought pursuant to 28 U.S.C. § 2241, currently presents two issues: (1) whether petitioner Heung Wah Wong, who pled guilty to a charge of illegal re-entry in this Court, can now collaterally attack the underlying deportation order, and (2) whether Wong may amend his petition (a second time) and assert an ineffective assistance of counsel claim to seek to vacate the guilty plea. For the reasons set forth below, I hold that Wong’s guilty plea precludes him from collaterally attacking the deportation order. The petition is deemed…

2Cases cited16 opinions

  1. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  2. Joseph Fama v. Commissioner of Correctional ServicesCourt of Appeals for the Second Circuit · 2000
  3. David Warren v. Henry Garvin, Supt. Mid-Orange Correctional Facility, Robert HanslmaierCourt of Appeals for the Second Circuit · 2000
  4. Donald L. Moshier, Jr. v. United StatesCourt of Appeals for the Second Circuit · 2005
  5. Hom Sui Ching v. United StatesCourt of Appeals for the Second Circuit · 2002

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