Military authorities charged respondent, a native Nigerian serving in the U. S. Navy, with violating of the Uniform Code of Military Justice (UCMJ). With counsel’s assistance, respondent agreed to plead guilty to reduced charges. The special court-martial accepted the plea and convicted and sentenced respondent; the Navy-Marine Corps Court of Criminal Appeals (NMCCA) affirmed; and he was discharged from the Navy in 2000. In 2006, the Department of Homeland Security commenced removal proceedings against respondent based on the conviction. To avoid deportation, he filed a petition for a writ of coram nobis under the authority of the All Writs Act, asking the NMCCA to vacate the conviction it had earlier affirmed on the ground that his guilty plea resulted from ineffective assistance of counsel, who had assured him his plea bargain carried no risk of deportation. Though rejecting the Government’s contention that it lacked jurisdiction to grant the writ, the NMCCA denied relief for lack of merit. Agreeing that the NMCCA has jurisdiction, the Court of Appeals for the Armed Forces (CAAF) remanded for further proceedings on the merits.
Held:
