Fofana

MEMORANDUM *

Defendant Muhammad Fofana was indicted on a charge of fraud relating to immigration documents, based on statements he made in an application for asylum. In addition to facing the federal criminal charge, Defendant was subjected to separate immigration proceedings initiated by the Bureau of Immigration and Customs Enforcement.

Defendant pleaded guilty to the criminal charge pursuant to a plea agreement that provided for a recommended sentence of time served plus two years of “supervised *660 release.” Before being sentenced on his criminal charge, Defendant moved to withdraw his guilty plea on the grounds that he misunderstood the “supervised release” provision to mean that he would be released from all federal custody, including immigration custody, and that neither the magistrate judge nor counsel had explained the term prior to his plea. The district court, denied Defendant’s motion. We review for abuse of discretion, United States v. Reyna-Tapia, 328 F.3d 1114, 1117 (9th Cir.2003) (en banc), and affirm.

A district court may allow a defendant to withdraw a guilty plea before sentencing if “the defendant can show a fair and just reason for requesting the…