DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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193504P.pdf 12/29/2020 Dilang Dat v. United States
U.S. Court of Appeals Case No: 19-3504
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Benton, Author, with Shepherd and Kelly, Circuit Judges]
Habeas Petition - Motion to Vacate. After an evidentiary hearing, the
district court concluded trial counsel was not ineffective for failing to
advise defendant that plea to robbery conviction, an aggravated felony,
was a deportable offense. The district court's factual findings and
credibility determinations are entitled to deference. It was objectively
reasonable for counsel to tell Dat he could face immigration ramifications
that could result in deportation and was not required to advise that
deportation was virtually certain.