Writ of Coram Nobis. Immigration Consequences of Criminal Convictions.


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Writ of Coram Nobis. Immigration Consequences of Criminal Convictions.

To obtain a writ of coram nobis a defendant must show 1) “that some fact existed which, without any fault or negligence on his part, was not presented to the court at the trial on the merits, and which if presented would have prevented the rendition of the judgment;” 2) that “newly discovered evidence does not go to the merits of issues tried; issues of fact, once adjudicated, even though incorrectly, cannot be reopened except on motion for new trial;” and 3) “that the facts upon which he relies were not known to him and could not in the exercise of due diligence have been discovered by him at any time substantially earlier than the time of his motion for the writ.

 

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