DueProcess HabeasCorpus Immigration
1. Whether a district court may require
an additional showing of prejudice to grant a writ of
coram nobis in a criminal case, and, if so, whether
the required showing of prejudice is consistent with
the standard set forth in Strickland v. Washington,
466 U.S. 668 (1984), wherein the district court
must analyze the defendant's decision making
process, identify the determinative issue for the
defendant, and analyze and resolve whether
contemporary evidence supported the defendant's
post hoc assertion that, if properly advised, the
defendant would have gone to trial rather than
plead guilty.
2. Whether Bryan v. United States, 524
U.S. 184 (1998) overruled United States v. Carrier,
654 F.2d 559, 561 (9th Cir. 1981), by requiring a
showing that the defendant had knowledge that the
false statement was unlawful to prove a willful
state of mind when prosecuting an illegal false
statement under 18 U.S.C. §1001.
Whether a district court may require an additional showing of prejudice to grant a writ of coram-nobis