United States Ninth Circuit

Defendant's conviction for being a previously excluded and deported alien found in the U.S. is affirmed over claims that the deportation underlying his conviction was improper because: 1) the immigration judge failed to advise him he was eligible for cancellation of removal; and 2) he received insufficient notice of the asserted basis for his deportation.

Appellate Information

• Argued 10/20/2006
• Decided 04/15/2008
• Published 04/15/2008

Judges

• Before:  RAYMOND C. FISHER and CONSUELO M. CALLAHAN, Circuit Judges, and RANER C. COLLINS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Marisa L. Dersey, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant., Karen P. Hewitt, U.S. Atty., Paul L. Starita, Jonathan I. Shapiro and Mark R. Rehe, Asst. U.S. Attys., U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.