United States Third Circuit

A conviction for reentering the U.S. without permission after having been previously deported is vacated and remanded for findings on the issue of prejudice where defendant was denied the opportunity for judicial review of a particular reinstatement order, and a reinstatement proceeding, if prejudicial, was fundamentally unfair.

Appellate Information

• Argued 12/06/2005
• Decided 08/01/2006
• Published 08/01/2006

Judges

• NYGAARD, Circuit Judge., Before SCIRICA, Chief Judge, McKEE and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Stephen A. Brusch, (Argued), Charlotte Amalie, St. Thomas USVI 00804, for Appellant.


• For Appellees:
  
• Kim L. Chisholm, (Argued), Office of the United States Attorney, Charlotte Amalie, St. Thomas, USVI 00802-6924, for Appellee.