United States v. Kwok Chee Kwan, AKA Jeff Kwan

BETTY B. FLETCHER, Circuit Judge:

Kwok Chee Kwan appeals the district court’s dismissal of his petition for writ of error coram nobis. Kwan’s petition collaterally attacks his conviction by guilty plea and his sentence on the ground of ineffective assistance of counsel. Because we find that Kwan’s counsel was constitutionally ineffective in affirmatively misleading him as to the immigration consequences of his conviction, and that Kwan has satisfied all of the requirements for coram nobis relief, we reverse.

I

Kwan entered the United States in March of 1989. Subsequently, he became a lawful…