United States Ninth Circuit

In an appeal of a conviction for illegal reentry into the United States after being deported, based on a collateral attack of the underlying removal order, the case is remanded where: 1) the defendant as a respondent in removal proceedings was not meaningfully advised of his right to seek voluntary departure, in violation of the Due Process Clause of the Fifth Amendment; 2) the defendant's waiver of his right to appeal his removal order was not valid; and 3) the district court did not fully analyze the issue of prejudice, which must be shown for a successful collateral attack.

Appellate Information

• Decided 01/18/2012
• Published 01/18/2012

Judges

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Amy B. Kapoor, Laura E. Duffy