United States Ninth Circuit

Conviction and sentence for illegal reentry after deportation or removal in violation of 18 U.S.C. section 1326 is vacated and remanded for a determination of whether defendant's due process rights were violated during the removal proceedings, where the IJ erred when she failed to advise the defendant of the possibility of relief under 8 U.S.C. section 1182(c), because section 440(d) of the Antiterrorism and Effective Death Penalty Act was not effective as to proceedings, such as the defendant's, that had commenced prior to the date of the Act's enactment.

Appellate Information

• Decided 07/06/2015
• Published 07/06/2015

Judges

• Fernandez

Court

• United States Ninth Circuit

Counsel