305 371-8101

Writ of Coram Nobis was Sought to Vacate Tax Conviction

CHHABRA v. USA,  LEXIS 118167  (S.D. NY 2010)

Petitioner sought to vacate his income tax evasion conviction pursuant to 7201 to avoid being deported. Petitioner filed for a writ of error coram nobis.

A writ of error coram nobis is an "extraordinary remedy" authorized under the All Writs Act, 28 U.S.C. 1651(a), generally sought to review a criminal conviction where a motion under 28 U.S.C. 2255 is unavailable because petitioner is no longer serving a sentence.

A federal court can only grant coram nobis relief if a petitioner demonstrates that: 1) there are circumstances compelling such action to achieve justice; 2) sound reasons exist for failure to seek appropriate earlier relief; and 3) the petitioner continues to suffer legal consequences from his conviction that may be remedied by granting of the writ.

The Court found that Chhabra was aware of the potential immigration issues prior to the Judge Chin's acceptance of his guilty plea. The petition was denied.