United States Third Circuit

Conviction for illegal re-entry after deportation is affirmed where: 1) plaintiff failed to meet his burden of proving that the written waiver of rights in his prior deportation proceeding was invalid; and 2) plaintiff failed to demonstrate the statutory prerequisites for a collateral attack of his deportation.

Appellate Information

• Argued 12/08/2008
• Decided 03/04/2009
• Published 03/04/2009

Judges

• Before:  FISHER, JORDAN, and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thurston T. McKelvin, Jesse A. Gessin (Argued), Federal Public Defender's Office, Charlotte Amalie, St. Thomas, for Appellant.


• For Appellees:
  
• Anthony J. Jenkins, Ishmael A. Meyers, Jr. (Argued), United States Attorney's Office, Charlotte Amalie, St. Thomas, for Appellee.