United States Second Circuit

In appeal from denial of defendant's motion to dismiss the indictment for illegal reentry after deportation and subsequent conviction, judgment is affirmed, where the district court properly considered defendant's completed criminal conduct in making the discretionary determination that entry of the removal order against defendant in absentia was not fundamentally unfair because there was no reasonable probability that defendant would have obtained relief had he received notice of the removal proceeding and been present.

Appellate Information

• Decided 12/07/2012
• Published 12/07/2012

Judges

• JACOBS

Court

• United States Second Circuit

Counsel