United States v. Kwok Chee Kwan, AKA Jeff Kwan

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 permanent resident. His wife and three children, ages 12, 15, and 18, are United States citizens. In February of 1996, Kwan was indicted for two counts of bank fraud. When considering whether to plead guilty, Kwan asked his defense counsel whether doing so would cause him to be deported. Defense counsel assured Kwan that although there was technically a possibility of deportation, “it was not a serious possibility.” Counsel further assured Kwan that this advice was based “on his knowledge and experience.” Counsel also explained to Kwan that, at his plea colloquy, the judge would tell him that he might suffer immigration…