United States Tenth Circuit

An underlying deportation proceedings was fundamentally unfair where a reasonable probability existed that defendant would have obtained relief had the IJ adequately explained eligibility for a waiver under section 212(c) of the Immigration and Naturalization Act, thus dismissal of an indictment charging illegal re-entry is affirmed.

Appellate Information

• Decided 04/08/2003
• Published 04/08/2003

Judges

• STEPHEN H. ANDERSON, Circuit Judge., Before TACHA, Chief Judge, HOLLOWAY, SEYMOUR, ANDERSON, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Laura Fashing, Assistant United States Attorney, Albuquerque, NM (David C. Iglesias, United States Attorney, Albuquerque, NM, and Peter S. Levitt, Assistant United States Attorney, Las Cruces, NM, on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• Felipe D.J. Millan, El Paso, TX, for the Defendant-Appellee.