Post-Conviction Relief for Immigrants

            In federal criminal cases, the only motion to withdraw a plea is made prior to judgment under Rule 32(e) of the Federal Rules of Criminal Procedure, which allows the court the discretion to withdraw the plea before sentence is imposed for any “fair and just reason.”[28]

[28] Fed. R. Crim. P. 32(e); United States v. Hyde, 520 U.S. 670 (1997); United States v. Burdeau, 168 F.3d 352 (9th Cir. 1999); United States v. Soriano-Hernandez, 310 F.3d 1099 (8th Cir. November 26, 2002) (district court made reasonable determination that defendant’s failure to raise statute of limitations defense was not fair and just reason for the withdrawal of guilty plea to illegal re-entry charge).