No. 18-9783

Nasser Ghelichkhani v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-06-25
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-validity coram-nobis criminal-procedure double-jeopardy due-process fundamental-error fundamental-rights guilty-plea immigration immigration-consequences plea-bargaining
Latest Conference: 2019-12-13 (distributed 2 times)
Question Presented (from Petition)

1-Whether a conviction, with tremendous adverse consequences, is constitutionally valid, when it is obtained through a plea (that does not waive appealing the conviction), on a charge that does not state an offense?

2-Whether after loss of immigration status as result of conviction on above guilty plea, being informed by immigration in 2017 that immigration supervised release will stop* re arrest and further prosecution for purpose of deportation will occur, based on policy change of a new president, previously unknown, is sound reason to trigger filling of last resort relief, "writ of Coram Nobis ", then and not earlier?

3'Whether prosecuting on and criminalizing, a charge that does not state an offense, plus additional constitutional rights and due process violations, qualify as fundamental errors for purpose of relief on writ of Coram nobis?

Question Presented (AI Summary)

Whether a conviction, with tremendous adverse consequences, is constitutionally valid, when it is obtained through a plea (that does not waive appealing the conviction), on a charge that does not state an offense?

Docket Entries

2019-12-16
Rehearing DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-11-01
Petition for Rehearing filed.
2019-10-07
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-07-01
Waiver of right of respondent United States to respond filed.
2019-04-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 25, 2019)

Attorneys

Nasser Ghelichkhani
Nasser Ghelichkhani — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent