United States Ninth Circuit

A conviction for reentry after deportation is reversed based on prejudicial due process violations where 1) the right to be represented by counsel was not individually waived at the underlying group deportation hearing, and 2) the right to appeal was not validly waived based on the Immigration Judge's erroneous interpretation of consequences resulting from deportation.

Appellate Information

• Decided 07/01/2002
• Published 07/01/2002

Judges

• Before: SCHROEDER, Chief Judge, ALARCÓN, and KLEINFELD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Jay Warren Stansell and Michael Filipovic, Assistant Federal Public Defenders, Seattle, WA, for the defendant-appellant., Donald M. Reno, Jr., Assistant United States Attorney, United States Department of Justice, Civil Division, Seattle, Washington, for the plaintiff-appellee.