United States Ninth Circuit

Assuming that an Immigration Judge did not adequately inform defendant of the availability of relief under Immigration and Nationality Act section 212(c), he cannot demonstrate prejudice, thus dismissal of an indictment for being found in the U.S. after prior deportation, 8 U.S.C. section 1326, is reversed.

Appellate Information

• Argued 04/09/2003
• Decided 09/08/2003
• Published 09/08/2003

Judges

• Before PREGERSON, TASHIMA, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kevin M. Lally, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellant.


• For Appellees:
  
• Elizabeth A. Newman, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellee.