United States Ninth Circuit

A conviction for illegal reentry following deportation is reversed pursuant to a claim that a defect in defendant's earlier deportation proceeding invalidated his deportation order and appeal waiver, and thereby rendered an essential element of his conviction missing.

Appellate Information

• Argued 03/16/2006
• Decided 05/30/2006
• Published 05/30/2006

Judges

• MICHAEL DALY HAWKINS, Circuit Judge., Before ALFRED T. GOODWIN, STEPHEN REINHARDT, and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Cynthia C. Lie (briefed), Assistant Federal Public Defender, and Mara K. Goldman (briefed), Research Attorney, San Jose, CA, for the defendant-appellant., Susan Knight (briefed and argued), Assistant U.S. Attorney, San Jose, CA, for the plaintiff-appellee.