United States Fourth Circuit

Defendant's conviction for unlawful reentry of a deported alien is vacated pursuant to his collateral attack on the underlying deportation order where the INS did not provide petitioner with written notice of the deportation hearing, and entry of the deportation order was fundamentally unfair.

Appellate Information

• Argued 10/28/2005
• Decided 12/27/2005
• Published 12/27/2005

Judges

• Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Frances Hemsley Pratt, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant.  Charles Everett James, Jr., Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee.   ON BRIEF:  Frank W. Dunham, Jr., Federal Public Defender, Michael S. Nachmanoff, Assistant Federal Public Defender, Alexandria, Virginia, for Appellant.  Paul J. McNulty, United States Attorney, Michael J. Elston, Assistant United States Attorney, Alexandria, Virginia, for Appellee.