United States Second Circuit

Dismissal of defendant's indictment for illegal reentry after deportation is affirmed where the district court properly determined that defendant's collateral challenge to the deportation order met the standard set out in 8 U.S.C. section 1326(d), and the deportation order thus could not sustain a charge of illegal reentry.

Appellate Information

• Decided 12/01/2004
• Published 12/01/2004

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  CABRANES and PARKER, Circuit Judges, and RAKOFF, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Scott B. Klugman, Assistant United States Attorney (Emily Berger, Assistant United States Attorney, of counsel;  Roslynn Mauskopf, United States Attorney for the Eastern District of New York, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Appellant.


• For Appellees:
  
• Philip L. Weinstein, The Legal Aid Society, for Defendant-Appellee.