United States Second Circuit

Defendant's conviction for illegal reentry into the U.S. is vacated where: 1) the district court's factual finding that defendant knowingly and intelligently waived his right to appeal his deportation order and so failed to exhaust his administrative remedies as required by 8 U.S.C. section 1326(d)(1) was clearly erroneous; and 2) ineffective assistance of counsel may be grounds to excuse the requirement of 8 U.S.C. section 1326(d)(1) that a defendant charged with illegal reentry who brings a collateral challenge to the prior deportation order must have exhausted administrative remedies in the immigration proceeding.

Appellate Information

• Argued 03/18/2010
• Decided 04/27/2010
• Published 04/27/2010

Judges

• KATZMANN, Circuit Judge:, Before KATZMANN and HALL, Circuit Judges, and RAKOFF, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Daniel L. Stein, Assistant United States Attorney (Randall W. Jackson, Assistant United States Attorney, of counsel), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Appellee., Darrell B. Fields, Federal Defenders of New York, Inc., New York, NY, for Defendant-Appellant.