United States Ninth Circuit

Defendant's conviction for criminal reentry is reversed and remanded, where: 1) defendant received ineffective assistance of counsel in the underlying immigration proceedings because defendant's attorney a) conceded removability based on defendant's prior conviction for possession of marijuana with intent to deliver under Missouri Revised Statutes section 195.211, which covers conduct that may fit under either the felony or the misdemeanor provisions of the Controlled Substances Act, and b) failed to pursue appellate proceedings that the Board of Immigration Appeals had announced could result in a holding that defendant's conviction did not constitute a removable offense; and 2) counsel's conduct prevented defendant from reasonably presenting his case, rendered the proceedings fundamentally unfair, and resulted in prejudice.

Appellate Information

• Decided 07/03/2014
• Published 07/03/2014

Judges

• REINHARDT

Court

• United States Ninth Circuit

Counsel