Khan

AMENDED MEMORANDUM **

Eight years after pleading guilty to aiding and abetting bank fraud, Mujeebullah Mujahid Khan (“Appellant”), a lawful permanent resident, filed a petition for writ of coram nobis asking the district court to vacate his conviction, which renders him inadmissible for reentry into the United States and deportable therefrom. The district court denied Appellant’s petition. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Appellant contends the district court erred in denying his petition because his trial defense counsel rendered ineffective assistance by: (1) misrepresenting to Appellant that nothing could be done to avoid the adverse immigration consequences of pleading guilty to 18 U.S.C. § 1344 ; (2) fading to negotiate a plea to a non-deport-able offense; and (3) failing to argue the immigration consequences of Appellant’s conviction at sentencing to obtain a finding of loss under $10,000. To make out a claim for ineffective assistance of counsel, Appellant must establish: (1) that his counsel’s performance fell below an objective standard of reasonableness; and (2) that the deficiency in his counsel’s performance prejudiced him. Strickland v.…