No. 19-617
Nekebwe Superville v. United States
Response Waived
Tags: aggravated-felony attorney-misadvice deportation Padilla-v-Kentucky plea-agreement will equivocal-warnings 28-usc-2255 criminal-procedure deportation-consequences immigration ineffective-assistance ineffective-assistance-of-counsel judicial-warning plea-agreement plea-bargaining strickland-standard strickland-v-washington
Latest Conference:
2019-12-13
Question Presented (from Petition)
When conducting an analysis under 28 U.S.C. § 2255(f) and Strickland v. Washington, will equivocal warnings given by a judge pursuant to Fed. R. Crim. P. 11 and/or boilerplate language contained in a plea agreement cure an attorney's affirmative misadvice to a defendant about the mandatory nature of deportation upon a plea to an aggravated felony.
Question Presented (AI Summary)
When conducting an analysis under 28 U.S.C. § 2255(f) and Strickland v. Washington, will equivocal warnings given by a judge pursuant to Fed. R. Crim. P. 11 and/or boilerplate language contained in a plea agreement cure an attorney's affirmative misadvice to a defendant about the mandatory nature of deportation upon a plea to an aggravated felony
Docket Entries
2019-12-16
Petition DENIED.
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-11-19
Waiver of right of respondent United States of America to respond filed.
2019-11-12
Petition for a writ of certiorari filed. (Response due December 16, 2019)
Attorneys
Nekebwe Superville
Vinoo P. Varghese — Varghese & Associates, P.C., Petitioner
United States of America
Noel J. Francisco — Solicitor General, Respondent