United States v. Christopher Ndiagu

MEMORANDUM

Christopher Ndiagu (“Ndiagu”) appeals the district court’s dismissal of his motion to vacate, set aside or correct sentence filed pursuant to 28 U.S.C. § 2255 (“ § 2255 Motion”) based on a claim of ineffective assistance of counsel. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

After being charged in a nine-count indictment in the district court, Ndiagu pleaded guilty to two counts: mail theft and identity theft under 18 U.S.C. §§ 1028A(a)(l), 1708. Prior to pleading guilty, Ndiagu alleges his attorney assured him that his resulting convictions would not render him mandatorily deportable and that an immigration judge could consider certain factors to grant him relief from deportation.

Ndiagu was sentenced to 30 months in custody followed by two years of supervised release. After completing his sentence, Ndiagu was immediately transferred into the custody of the Department of Homeland Security (“DHS”) on December 21, 2009. On that date, Ndiagu was served with both a Notice to Appear (“NTA”) and a Notice of Custody Determination (“NCD”) from DHS. Ndiagu alleges that at a hearing before an immigration judge on January 6, 2011, he was informed for…