This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Jack B. Weinstein declined to grant collateral relief to a petitioner alleging that he would not have pled guilty had counsel accurately explained the risk of deportation. Judge Nicholas G. Garaufis granted a preliminary injunction barring the Secretary of Homeland Security and others from rescinding the DACA Program. And Judge Weinstein granted the CFTC’s application for an injunction against deceptive practices regarding virtual currency “spot” trading.
Section 2255—Ineffective Assistance
In Superville v. United States, 13 CR 302, 17 CV 5856 (E.D.N.Y., Feb. 27, 2018), Judge Weinstein rejected petitioner’s claim that, because defense counsel allegedly failed to warn him adequately of deportation as a consequence of his guilty plea, his 2014 conviction should be set aside pursuant to 28 U.S.C. §2255 or a writ of error coram nobis.
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