Sanusi v. Gonzales, ___ F.3d ___, 2007 WL 148760 (6th Cir. Jan. 23, 2007) (although a petitioners immigration motive for seeking post-conviction relief is not sufficient by itself to hold vacatur ineffective for immigration purposes, there must be some demonstrable legal basis for the vacatur; defendants "state court petition and the uncontested order of the Arkansas court with the docket entry--On 8-11-03, Milton Dejesus, attorney for defendant, filed a petition for writ of coram nobis. City Attorney had no objection. Judge granted the motion.--fail to provide the evidence from which it may be reasonably inferred that the writ of coram nobis was granted on any recognized legal ground. On this record, the only reasonable inference that can be drawn is that the conviction was vacated for the sole purpose of relieving Sanusi from deportation.").



http://bibdaily.com/pdfs/Mohamed%208-18-06.pdf



"In Morgan, the Supreme Court upheld the availability of coram vobis to a
defendant who had not been provided counsel, but who had served his entire
sentence. Morgan, 346 U.S. at 512. The Court noted that, with no other
remedy being then available and sound reasons for the failure to seek
earlier relief, the petitioner was entitled to seek a writ of coram vobis,
for "[o]therwise a wrong may stand uncorrected which the available remedy
would right." Id. In this case, the wrong suffered by Mohamed cannot stand
uncorrected. A defendant's Sixth Amendment rights must be protected, and in
this case, the result was that both Mohamed and the Court were unaware of
the immigration consequences that would follow from his sentence. Therefore,
pursuant to a writ of coram vobis, the Court will amend Mohamed's sentence
from a term of two years to a term of three hundred and sixty days, with all
time suspended."



Commonwealth v. Mohamed, Aug. 18, 2006.



Case No. (Criminal) 06-1059



CIRCUIT COURT OF ARLINGTON COUNTY, VIRGINIA



71 Va. Cir. 383



2006 Va. Cir. LEXIS 244