Writ of Coram Nobis. Immigration Consequences of Criminal Convictions.
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A Writ of Coram Nobis is an extraordinary measure that allows an individual convicted of a crime to petition a Federal District Court for correcting a legal of factual error. A petition for a writ of Coram Nobis is generally filed with a Federal District Court, while a petition for Writ of Error Coram Vobis can be filed with a Federal Circuit Court.
Both Coram Nobis and Coram Vobis differ from a Writ of Habeas Corpus because they do not require a petitioner to be in custody at the time of filing.
Defendants that do not meet the custody requirement of 28 U.S.C. § 2255 or § 2241, may still be able to obtain relief under the All-Writs Section pursuant to 28 U.S.C. §1651, by petitioning for a writ of Coram Nobis. However, a Writ of Coram Nobis is not a substitute for an appeal.
Ineffective assistance of counsel is one of the fundamental errors that can be corrected through a Writ of Coram Nobis.