United States Second Circuit

Conviction, based on guilty plea, of illegally reentering the U.S. in violation of 8 U.S.C. sections 1326(a) and (b)(2) is vacated where erroneous statements by the Immigration Judge and the BIA informing defendant that he was ineligible for relief under former section 212(c) of the Immigration and Nationality Act deprived defendant of judicial review within the meaning of 8 U.S.C. section 1326(d)(2).

Appellate Information

• Decided 04/04/2006
• Published 04/04/2006

Judges

• Before:  SACK, SOTOMAYOR and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Matthew L. Guadagno, Bretz & Coven, LLP, (Kerry William Bretz and Jules E. Coven, on the brief), New York, New York, for Defendant-Appellant., Colleen Kavanaugh, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Barbara D. Underwood and Emily Berger, Assistant United States Attorneys, of counsel), Brooklyn, New York, for Appellee.