DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
173652P.pdf 04/11/2019 Dilang Dat v. United States
U.S. Court of Appeals Case No: 17-3652
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Benton, Author, with Melloy and Kelly, Circuit Judges]
Prisoner case - Habeas. In this Section 2255, Dat contended his trial
counsel was ineffective in misadvising him about the immigration
consequences of his guilty plea to the charge of a Hobbs Act robbery;
assuming counsel failed to properly advise Dat that his deportation was
presumptively mandatory, the record does not conclusively show that Dat is
entitled to no relief, and the district court abused its discretion by
denying habeas relief without conducting an evidentiary hearing; reversed
and remanded for further proceedings.