United States Ninth Circuit

The district court's order dismissing an illegal reentry indictment against defendant is affirmed, where: 1) defendant's prior conviction for conspiracy to commit burglary under Nevada law was not an aggravated felony under the Immigration and Nationality Act; 2) the Deciding Service Officer's determination that defendant was ineligible for discretionary relief from her prior removal was therefore inaccurate; 3) the denial of an opportunity to seek such relief renders defendant's former removal order constitutionally infirm; and 4) the removal order thus cannot support the prosecution for illegal reentry.

Appellate Information

• Decided 02/20/2014
• Published 02/20/2014

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel