Tooby's California Post-Conviction Relief for Immigrants

The above discussion regarding the one-year statute of limitations applies equally to motions attacking federal convictions via motions to vacate, set aside or correct the sentence filed pursuant to 28 U.S.C. § 2255. 

There are no absolute deadlines or statutes of limitations preventing filing of coram nobis attacking federal convictions.  The time limitation is a general one subject to the equitable doctrine of laches.[194]  The court may apply laches to dismiss the petition if the petitioner inexcusably delays in asserting his or her claims and the government suffers prejudice as the result of the delay.[195]

[194] See Hirabayashi v. United States, 828 F.2d 591, 605 (9th Cir. 1987).

[195] See Telink, Inc. v. United States, 24 F.3d 42, 47 (9th Cir. 1994).