United States Ninth Circuit

In a prosecution for illegal reentry into the U.S., the dismissal of the indictment is affirmed where Defendant's deportation order was invalid due to the Immigration Judge's failure to inform Defendant of his apparent eligibility for Immigration and Nationality Act Section 212(c) relief.

Appellate Information

• Argued 07/09/2008
• Decided 06/23/2009
• Published 06/23/2009

Judges

• REINHARDT, Circuit Judge:, Before:  HARRY PREGERSON and STEPHEN REINHARDT, Circuit Judges, and LYLE E. STROM, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Karin J. Immergut, Esq., United States Attorney, Johnathan S. Haub, Esq., Kelly A. Zusman, Esq., Assistant United States Attorneys, Portland, OR, for the plaintiff-appellant.


• For Appellees:
  
• Terry Kolkey, Esq., Ashland, OR, for the defendant-appellee.