Arellano Herrera v. United States

BACKGROUND

24 On November 24, 2015, an Information was filed in the Southern District of 25 California charging Defendant/Petitioner Graciela Arellano Herrera (“Defendant”) with 26 importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. On December 27 8, 2015, pursuant to a plea agreement, Defendant entered a guilty plea to the Information. 28 [Doc. No. 38-1 at 9-10; Doc. No. 38-2 at 2.] Defendant was advised that it was a virtual certainty that she would be removed as a result of the guilty plea. [Doc. No. 38-1 at 5.] Defendant stated that she was satisfied with her former counsel, Stephen Hoffman. [Id. at 8.] Defendant provided a factual basis admitting to knowingly and intentionally importing a federally controlled substance. [Id. at 8-9.] The Court scheduled a sentencing hearing and ordered a Presentence Report (“PSR”). [Id. at 9-10.] On February 5, 2016, the Probation Officer prepared the PSR. [Doc. No. 23.] The PSR included Defendant’s statement of the offense. [Doc. No. 23 at 4.] Defendant’s statement did not reference any duress claim that Defendant is raising now. [Id.] On February 24, 2016, Defendant’s…