Tooby's California Post-Conviction Relief for Immigrants

(B)

Federal Coram Nobis Relief.  Federal coram nobis relief cannot be used to attack a state conviction.  Its sole use is to attack the legal validity of a federal conviction after custody has expired, and federal habeas corpus is therefore no longer available.  Federal coram nobis relief is available to attack a federal conviction if the petition can establish that: (1) a more usual remedy is not available; (2) valid reasons exist for not attacking the conviction earlier; (3) adverse consequences exist from the conviction sufficient to satisfy the case or controversy requirement of Article III; and (4) the error is of a fundamental character.[280] 

            A petitioner still in "custody," even if only through supervised release, cannot utilize coram nobis because habeas corpus relief is available.  This is true even if the AEDPA statute of limitations has run and habeas corpus relief is precluded.[281]  In such a circumstance, the petitioner should simply wait to file a coram nobis petition until custody has expired and habeas jurisdiction has been lost.

[280] Matus-Leva v. United States, 287 F.3d 758 (9th Cir. 2002).

[281] Matus-Leva v. United States, 287 F.3d 758 (9th Cir. 2002).