Post-Conviction Relief for Immigrants

Coram nobis has been considered to be a stage in the underlying criminal case, rather than a new civil action commenced by a pleading in the nature of a complaint or petition.[169]  It can therefore be commenced by a motion in the underlying criminal case, to be placed on the district court’s law and motion calendar.  It should be heard by the court that sentenced the defendant.

            In the alternative, the common law procedure was to file a petition for extraordinary relief in the nature of a petition for a writ of error coram nobis, which would follow the same procedure used for the common-law petition for a writ of habeas corpus.

The denial of a writ of error coram nobis is reviewed de novo.[170]

[169] United States v. Morgan, 346 U.S. 502, 511 (1954).

[170] See Matus-Leva v. United States, 287 F.3d 758, 760 (9th Cir. 2002); United States v. Walgren, 885 F.2d 1417, 1420 (9th Cir. 1989).