United States Ninth Circuit

In a prosecution for reentry following removal from the U.S., the dismissal of the indictment is affirmed where the order instructing defendant to report for removal misinformed him that he had no administrative remedies and he was never told that he had a right to reopen to seek voluntary departure.

Appellate Information

• Argued 10/09/2009
• Decided 03/08/2010
• Published 03/08/2010

Judges

• Before MARY M. SCHROEDER and MARSHA S. BERZON, Circuit Judges, and MILTON I. SHADUR,District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Owen P. Martikan, San Francisco, CA, for the plaintiff-appellant.


• For Appellees:
  
• Elizabeth M. Falk, San Francisco, CA, for the defendant-appellee.