United States Ninth Circuit

Defendant, rendered deportable for a crime via retroactive application of IIRIRA section 321, was denied due process because his removal proceedings were not translated into Spanish. Because he could have sought INA section 212(c) relief had his removal hearing been constitutionally adequate, his removal order cannot stand as a basis for his convictions of being an alien found in the US after removal.

Appellate Information

• Argued 03/12/2003
• Decided 04/07/2004
• Published 04/07/2004

Judges

• PREGERSON, Circuit Judge:, Before: PREGERSON, REINHARDT, and ARCHER, Jr., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Steven F. Hubachek,Federal Defenders of San Diego, Inc., (argument) and Wendy S. Gerboth, San Diego, California (brief), for the defendant-appellant., Carol C. Lam, United States Attorney, Shanna L. Dougherty, Assistant U.S. Attorney (on the brief), Mark R. Rehe, Assistant U.S. Attorney (on petition for rehearing), United States Attorney's Office, San Diego, California, for the plaintiff-appellee.