United States Ninth Circuit

In this case, the district court determined that the defendant's prior removal order, based on her prior conviction for conspiracy to commit burglary under Nev. Rev. Stat. sections 199.480 and 205.060(1), was constitutionally inadequate because the defendant was denied her right to seek discretionary relief from removal. Dismissal of the illegal reentry indictment is affirmed, where, because Nevada's conspiracy statute requires no proof of an overt act and the generic definition of conspiracy does, the defendant's prior conviction for conspiracy to commit burglary is not an aggravated felony under the Immigration and Nationality Act.

Appellate Information

• Decided 12/15/2014
• Published 12/15/2014

Judges

• Berzon

Court

• United States Ninth Circuit

Counsel